SC’s Justice Mandokhel asks what’s wrong with giving civilians right to fair trial
Adds even terrorists have basic rights; Justice Afghan says constitutional amendment should have preceded military trials
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Justice Jamal Khan Mandokhel of the constitutional bench of the Supreme Court (SC) on Wednesday said he was surprised why some people had issues with giving civilians, undergoing trials in military courts, the right to a fair trial, reported 24NewsHD TV channel.
During the hearing of intra-court appeals filed against declaring the trials of civilians in military courts null and void, Justice Muhammad Ali Mazhar said even Indian spy Kulbhushan Jadhav had been given the right to appeal.
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
Justice Musarrat Hilali remarked that judges in military courts gave verdicts by placing a Kalashnikov rifle by their side. “Does anybody have the courage to challenge their decisions? What is the problem with giving the civilians the right to appeal?”, she questioned.
Justice Mandokhel asked Attorney-General for Pakistan (AGP) Mansoor Usman Awan about the right to appeal given to persons convicted by military courts.
Awan replied that there existed a complete procedure for a court-martial of an individual. “A person, who has been handed down the death penalty, is not executed unless his appeal is decided,” he informed.
The judge said the reason why stress was being laid on appeal was because it was a basic right of a convict. "Even terrorists have basic rights," he added.
Justice Naeem Akhtar Afghan opined there was a need to amend the constitution so that the trials of civilians in military courts could be provided a legal cover.
The bench asked the AGP to submit a report on giving convicts the right to appeal.
Later, the court adjourned the case's hearing until tomorrow.
Reporter: Amanat Gishkori