Islamabad: In the Supreme Court hearing on appeals against the Military Court decision, Justice Mandokhel asked how a person who is not in the armed forces can come under its discipline.
According to the details, the Supreme Court heard the intra-court appeals against the Military Court decision. A 7-member constitutional bench headed by Justice Aminuddin Khan heard the hearing.
Justice Musarat Hilali said that copies of the FIRs of the people detained by the Military Courts were not given. Federal government lawyer Khawaja Haris, while giving arguments, said that the court decision in the Military Courts case consists of two parts, in one part the provisions of the Army Act have been declared null and void, and in the other part the custody of the accused in the Military Court.
Justice Mandokhel remarked that the entire case of military courts revolves around Article 8, Justice Muhammad Ali Mazhar inquired whether the 5-member bench declared the provisions of the Army Act to be in conflict with Article 8, what justification was given for the provisions of the Army Act to be in conflict with Article 8.
Justice Mandokhel asked how a person who is not in the Armed Forces can come under its discipline? To which lawyer Khawaja Haris said that if the law allows, discipline will be applied.
Justice Mandokhel remarked that if a person is in the Army, military discipline will be applied to him, if someone is in the Agriculture Department, the discipline of the Agriculture Department will be applied to him, how will the discipline of the Armed Forces be applied to someone who is not in any department, will not bringing an unrelated person under discipline be a violation of Article 8.
Khawaja Haris said that in certain circumstances, the Army Act is also applicable to civilians. There is a court decision of the Supreme Court on this point, on which Justice Muhammad Ali Mazhar remarked that this was declared in the FB Ali and Sheikh Riaz Ali cases. 4 judges nullified the provisions of the Army Act in the decision.
The lawyer said that the court does not have the authority to nullify the provisions of the Army Act, so Justice Mandokhel said that if someone thinks of inciting in this way, the Army Act will also apply to him. Hasn’t the Army Act made the sections of Article 8 ineffective? Can the Army Act apply to civilians?
Khawaja Haris said that Article 10A of Fair Trial is also present in military trials, on which Justice Muhammad Ali Mazhar said that intra-court appeals against the military court decision are being heard here. First of all, identify the defects in the court decision.
Justice Mandokhel remarked that the constitutional bench can also review the constitutional point in intra-court appeals, while Justice Muhammad Ali Mazhar said that I do not disagree with the observation of the brother judge, it is also necessary to identify the flaws in the decision.
Justice Mandokhel said in his remarks that the highest office in Pakistan is the President of Pakistan. If there is an attack on the President's House, the accused will be tried in the ATC, if there is an attack on army property, then the trial will be in the Military Court, to which lawyer Khawaja Haris said that this decision was made by the legislators through legislation.
Justice Musarat Hilali inquired whether a lawyer is allowed in a military court trial, is all the materials provided to the accused in the military court? Then the government lawyer said that the accused is provided with a lawyer and all the relevant materials in the military court.
Justice Mandokhel asked if a soldier kills his officer, where will the case go? Lawyer Khawaja Haris said that the murder case will be tried in a general court, to which Justice Mandokhel questioned how a person who is not a subject of the Army Act can be deprived of fundamental rights.
The court adjourned the hearing on intra-court appeals related to military courts until tomorrow.
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