Islamabad: The Supreme Court has allowed military courts to pronounce verdicts on 85 accused and said that those accused who cannot be released should be transferred to jails after being sentenced.
According to the details, the Supreme Court heard the case of trials of civilians in military courts. A 7-member constitutional panel heard the case. The constitutional bench postponed the hearing of all cases except military courts. Justice Aminuddin Khan said that only the case involving military courts will be heard today.
Defense Ministry lawyer Khawaja Haris continued his arguments. Justice Jamal Mandokhel said that first, argue that the invalid provisions of the Army Act are in accordance with the constitution. Can everyone be brought into this category by amending the Army Act?
Justice Muhammad Ali Mazhar asked, first tell me what are the reasons for repealing the provisions in the court decision? Justice Jamal Mandokhel also said that it should also be kept in mind that the Army Act was made before the 1973 Constitution, on which the lawyer of the Ministry of Defense said that there are flaws in the Supreme Court's decision.
To which Justice Jamal Mandokhel remarked, "Don't disrespect the court decision so much as to call it bad," then Khawaja Haris apologized and said that my words were not legal.
Justice Muhammad Ali Mazhar said in his remarks that he had also said yesterday that the details of the events of May 9 should be provided. Currently, the matter before us is only the Corps Commander House. If the case is to be kept only up to the Corps Commander House, then please tell me that too.
The Additional Attorney General said that all the details had been received this morning. I will submit the details through a formal miscellaneous application. Justice Musarrat Hilali asked, "What will happen to the trial under the provisions that have been declared null and void?" Even before May 9, someone would have been punished under these provisions.
Khawaja Haris said that decisions on relevant provisions are generally protected before being repealed. Justice Jamal Mandokhel said that this would be a matter of discrimination against the accused. No one joins the army by force but of their own free will. Those who join the army know that the Army Act will apply to them. Fundamental rights are not available under the Army Act. The Army Act was made for the rules and discipline of army service.
Lawyer Khawaja Haris said that fundamental rights end only upon committing a crime. Justice Jamal Mandokhel inquired whether the court in the appeal would be limited to the appellant's request only. Can the court also review other aspects of the decision? Justice Aminuddin Khan also remarked that the parties can limit themselves to their submissions, not the court.
The Supreme Court adjourned the hearing of the Military Courts case until after the winter vacations and indicated that the 26th Amendment case would be heard in the second week of January.
Justice Aminuddin said that the trial of civilians in military courts is expected to be completed in January. If this case is completed in the first week, the 26th Amendment case will be heard in the second week of January. We have many cases in the pipeline, including the 26th Constitutional Amendment.
Justice Aminuddin Khan asked Khawaja Haris how much more time he would take. The lawyer said that the arguments would take some more time, to which Justice Aminuddin Khan said that the case is adjourned until after the winter vacation.
Later, the Constitutional Bench of the Supreme Court allowed the Military Courts to pronounce the verdict, and the court allowed the Military Courts to pronounce the verdicts of 85 accused.
The Supreme Court said that the accused who cannot be released should be transferred to prisons upon conviction, and the decisions of the military courts will be subject to the decision of the case pending in the Supreme Court.
The court further said that the accused who can get a concession in their sentences should be released and the accused who cannot be released should be transferred to prisons upon conviction.
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