Send cases to military if civil justice system is failing, remarks SC judge

ISLAMABAD: The Supreme Court on Monday, on the request of the Attorney General, adjourned until May 5 the hearing into the military courts case.

A seven-member constitutional bench of the apex court headed by Justice Aminuddin Khan, heard the Intra Court Appeals (ICAs) of the federal government and the Ministry of Defence against its judgment declaring the trial of civilians in military courts as unconstitutional. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Musarat Hilali, Justice Naeem Akhtar Afghan, Justice Syed Hassan Azhar Rizvi and Justice Shahid Bilal Hassan.

During the hearing, Attorney General Barrister Mansoor Usman Awan stated that he had three key points to argue. He said that Khawaja Haris, counsel for the Ministry of Defence, had already presented arguments on the May 9 incidents, and he would also share some details with the court. He further said that the second part of his arguments would address assurances given during the main case’s hearing, while the third point would concern the right to appeal. He emphasised that granting the right to appeal for those facing military trials is also a policy matter and that he would need government instructions before presenting submissions to the court. The attorney general noted that earlier, the Sindh canal issue was being discussed, and now, recent actions by India had kept him occupied. He was scheduled to travel to appear before the International Court of Justice today, but the trip was cancelled.

Justice Jamal Khan Mandokhail reiterated that Parliament may make any policy decision, but the court will only focus on this particular case. The attorney general clarified that he was merely presenting submissions, and it was up to the court to decide whether to allow more time. He also mentioned that the relevant clauses in the Military Act have been in place since 1968. Justice Mandokhail remarked sarcastically that perhaps a policy decision should be made that the civil justice system has failed, and all cases should be sent to military courts.

Justice Muhammad Ali Mazhar asked the Attorney General how much more time he needed to complete his arguments. The AG replied that he could conclude in 45 minutes. Later, upon his request, the court adjourned the hearing until May 5.