SC judge asks whether terrorist, civilian get same treatment in military court
Justice Mandokhel says bench wants to know to whom Army Act will apply: Petitioner’s lawyer argues trial in military court is not free, fair
Stay tuned with 24 News HD Android App
Justice Hassan Azhar Rizvi of the constitutional bench (CB) of the Supreme Court (SC) on Monday asked whether a terrorist and an ordinary citizen were treated in military courts alike, reported 24NewsHD TV channel.
During the hearing of intra-court appeals filed against declaring the military trial of civilians unconstitutional, Advocate Khawaja Ahmad Hussain, counsel for the former chief justice of Pakistan (CJP), Jawad S. Khawaja, asserted that a civilian could not be tried in a military court under any circumstances. “The procedure followed in these courts does not meet the requirements of a free and fair trial.”
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
Advocate Khawaja said that five judges of the apex court, in one of their rulings, did not agree that the trial in military courts was free and fair.
The lawyer further said that if it was possible to court-martial civilians, then 21st Amendment to the constitution would not have been made.
He added that there was no concept of bail for a suspect undergoing a military trial unless the court gave its decision.
Furthermore, he went on to say, it was not necessary that a suspect would be able to hire the lawyer of his choice.
Justice Jamal Khan Mandokhel said that a political party was not taken on board prior to the passage of the amendment. “We want to determine who are the people on whom the Army Act will apply,” the judge said, and added, “God forbid, there are terrorist attacks on the SC, the parliament and the GHQ: those on the SC and the parliament would be sent to the anti-terrorism court for the trial while the one on the GHQ will be referred to the military court.”
If all three attacks, he went on to say, were of the same nature, then why and on what basis a distinction was made between them.
Advocate Khawaja prayed to the bench not to allow civilians to be court-martialled.
The lawyer said that the allegation against Brigadier (r) Farrukh Bakht Ali (FB Ali) was that he had waged a war against the country and tried to incite army men to rebellion against the institution’s high command.
Reporter: Amanat Gishkori