Civilians’ trials: Petition to allow military courts to deliver verdict rejected

Islamabad: The Supreme Court has rejected the government’s request to allow military courts to decide cases.

A seven-member constitutional bench headed by Justice Aminuddin Khan heard the appeals against the nullification of trials of civilians in military courts. Justice Jamal Khan Mandokhel in his remarks requested all lawyers to help them complete that case.

A lawyer for the Ministry of Defense Khawaja Haris said that it is wrong to say that civilians cannot be tried in military courts. The Army Act is also applicable to employees of private companies working with the armed forces.

Justice Jamal Mandokhel said that they are different types of civilians who work in ordnance factories etc., Khawaja Haris said that of course! The Army Act only talks about the category of civilians. Justice Muhammad Ali Mazhar said that your case does not fall under this section of the Army Act.

Justice Musarat Hilali asked that when the Corps Commanders use their house as an office, do they declare it an office? How true is it that this idea came later that the Corps Commander's house was also an office? Lawyer Khawaja Haris said that he was not going towards any such notification.

Justice Naeem Afghan asked how the Anti-Terrorism Courts (ATC) handed over the accused to the military. Is there any order of the ATC based on reasons? You should note this question and of course answer it at the end.

Lawyer Salman Akram Raja said that they also have objections to some parts of the decision written by Justice Muneeb Akhtar and he would give arguments on it.

Justice Hassan Azhar Rizvi asked how the trial of those who attacked APS proceeded. Defense Ministry lawyer Khawaja Haris said that the 21st Amendment was passed after which the trial took place. Justice Jamal remarked that at that time, the constitution was amended to allow trials against civilians in military courts.

Justice Masrat Hilali, while talking to Hafizullah Niazi, said that a meeting is being arranged for you. Hafizullah Niazi said that yes, a meeting is being arranged, due to the Supreme Court’s decision, and the hostage situation is getting worse.

Justice Aminuddin remarked that you should not make a speech here.

The Additional Attorney General said that the trials in military courts have been completed, so military courts should be allowed to pronounce the verdicts of the trials.

Justice Musarat Hilali said in her remarks that they could do this. Allowing military courts to decide cases would mean recognizing the authority of military courts.

Later, the constitutional bench rejected the government’s request to allow military courts to decide cases and adjourned the hearing on the appeals against the nullification of the trials of civilians in military courts until tomorrow.