Satisfy with trial procedure in military courts: Justice Jamal

Islamabad: During the hearing of the case related to the trials of civilians in military courts in the Constitutional Bench of the Supreme Court, Justice Jamal Khan Mandokhel remarked that the trial procedure in military courts should be satisfied.

A seven-member constitutional bench headed by Justice Aminuddin Khan is hearing the case related to the trials of civilians in military courts. The bench includes Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.

The arguments of the Ministry of Defense’s lawyer Khawaja Haris are ongoing.

At the beginning of the hearing, Justice Jamal Khan Mandokhel remarked that the trial procedure in military courts should be satisfied.

Justice Musarat Hilali said that the officer who conducts the trial does not pronounce the verdict in the court himself, but sends the case to another senior officer, who pronounces the verdict, how can an officer who has not heard the trial give a verdict?

Justice Jamal said: “I have been in this field for 34 years but still I do not consider myself complete. That army officer has so much experience and expertise that even death sentences are pronounced”.

Lawyer Khawaja Haris said that he would completely explain the procedure of military trial in the second part of the arguments.

Justice Naeem Akhtar asked everyone about the stages of how trials are being conducted in military courts. Everyone understands that military courts are not trialed like civilian courts, give an example of a trial in military courts.

There is a difference between the Army Act and the rest of the law. According to the constitution, it provides protection to all fundamental rights and a reasonable explanation has been given in the law, stated Justice Mandokhel.

Justice Muhammad Ali Mazhar added that the procedure of court-martial is given. Justice Hassan Rizvi said that in field-martial there is a defense lawyer and there are no judges.