In May 9 case, rights were not suspended when accused were arrested: SC

Islamabad: The Supreme Court is hearing an intra-court appeal against the decision to try civilians in military courts, during which Justice Musarat Hilali remarked that in the current case, fundamental rights were not suspended when the accused were taken into military custody, and an emergency was also not imposed.

A seven-member constitutional bench headed by Justice Aminuddin Khan is hearing the case of military courts in the Supreme Court.

Defense Ministry lawyer Khawaja Haris, continuing his arguments, said that the Supreme Court in its decision rendered Article 233 of the emergency ineffective, it had no connection with the case of military courts.

Khawaja Haris said that Article 233 was raised to prove the correct interpretation of Article 8(5), under Article 233. The President can suspend fundamental rights by imposing an emergency.

Justice Muhammad Ali Mazhar remarked that an emergency was imposed during the reign of Pervez Musharraf, and fundamental rights cannot be implemented by the courts during an emergency. There are Supreme Court decisions on this point that the court can exercise its authority.

Justice Aminuddin Khan stated that fundamental rights can be defended in the courts, only the execution is suspended.

Khawaja Haris added that the Supreme Court decision said that stopping the execution is equivalent to suspending fundamental rights.