Justice Jamal Khan Mandokhel of the constitutional bench (CB) of the Supreme Court (SC) on Tuesday said that a person could not be tried under the Army Act unless the charge meriting a trial in a military court, was proved against him, 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 Musarrat Hilali asked Khawaja Haris whether judges in military courts were in uniform.
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
The counsel replied that yes they were in uniform.
This led Justice Hilali to ask how a judge in a military uniform could be impartial.
Addressing the judge, Haris replied that even she was dressed in a uniform.
The remarks led to laughter in the court.
Justice Mandokhel asked the lawyer whether the law, however tough it might be, could be applied to civilians.
Haris informed the court that prior to the start of a military trial, a suspect was asked whether he had trust in the judge.
The lawyer was also asked who conducted an inquiry under the Army Act; how the inquiry was held after the indictment of a suspect
The case’s hearing was then adjourned until tomorrow.
Defence Ministry’s lawyer will resume his arguments tomorrow.
Over a week ago, the SC delisted the hearing of petitions filed in civilians’ trial in military courts case due to the absence of Justice Shahid Bilal from the constitutional bench.
A seven-member bench was set to hear the case on January 20 and 21.
Earlier in the week, the CB had ordered the Ministry of Defence to furnish complete data on civilians’ tried in military courts so far, barring the case of Indian spy commander Kulbhushan Sudhir Jadhav.
The bench had taken up a set of intra-court appeals (ICAs) against the Oct 23, 2023, order of nullifying the trial of civilians by military courts involved in the May 9 violence.
Reporter: Amanat Gishkori