Khawaja Haris, counsel for the Ministry of Defence, on Friday said that the court-martial had been recognized by the constitution, reported 24NewsHD TV channel.
During the hearing of intra-court appeals filed against declaring the trials of civilians in military courts null and void, he said that the court-martial not only took place during war but also in peace.
A seven-member bench of the constitutional bench of the Supreme Court (SC), headed by Justice Aminuddin Khan, heard the petitions.
Justice Musarrat Hilali opined that the martial law collided with the constitution. “The constitution of 1973 is quite comprehensive,” she added.
Haris said it would be wrong to say that an individual undergoing a military trial was not given the right to defend himself.
However, he added, initially, there was no concept of an ‘appeal’ in a military trial.
Justice Hassan Azhar Rizvi remarked that the fact that over 13 military installations were attacked on May 9 was a security failure.
He asked Haris, “How it was decided that a particular case would be sent to a military court and the other to an anti-terrorism court (ATC).”
The defence ministry’s lawyer replied that it was decided on the basis of nature of the offences committed on that day.
Later, the court’s hearing was adjourned until April 28.
Reporter: Amanat Gishkori