Hindering military officer's work invokes ATA: Justice Mandokhail

ISLAMABAD: Supreme Court’s judge Jamal Khan Mandokhail Wednesday observed that obstructing the duties of a military officer falls under the Anti-Terrorism Act, and the events of May 9 also involved offenses under the Official Secrets Act.

The seven-member Constitutional Bench of the Supreme Court, headed by Justice Amin-ud-Din Khan, heard the case regarding the trial of civilians in military courts.

During the hearing, Justice Muhammad Ali Mazhar remarked that the Army Act is specifically for the members of Pakistan Armed Forces.

In response, the Ministry of Defence counsel, Khawaja Haris, stated the Constitution of Pakistan specifies that the Army Act is for the discipline and performance of duties by the armed forces. He added, “I would like to clarify that the events of May 9 did not involve any offense under the Anti-Terrorism Act.” Khawaja Haris argued that Article 8(3) ensures that the armed forces can perform their duties effectively.

Justice Mandokhail responded by saying that the F B Ali case raised questions about fundamental rights. Khawaja Haris replied that the F B Ali case was challenged on the grounds that our fundamental rights were being violated. Justice Amin-ud-Din questioned how Section 2(1)(d) could be declared unconstitutional even if the nexus is not established.

During the hearing, Justice Musarrat Hilali, engaging with Khawaja Haris, asked, “How long will it take for you to complete your arguments? I will not be available for the next two weeks.” The Constitutional Bench adjourned the hearing until today (Thursday).