Islamabad: In the case of trial of civilians in military courts in the Supreme Court, the court has said that nothing will happen to the citizen if he stands outside the checkpoint, if the citizen is convicted of the crime listed in the Army Act, there will be a trial.
Constitution bench of Supreme Court heard the appeal against the verdict of the trial of the civilians in the military courts, in which defense ministry lawyer Khawaja Haris gave arguments.
Khawaja Haris said, the Supreme Court declared in the past that a civilian court under the army can be court-martial. The appeal has been filed on behalf of the Ministry of Defense. Justice Jamal Mandukhel asked on this that the Ministry of Defense is an executive body. If there is any crime against the executive, can he decide as a judge himself?
Justice Jamal remarked that the constitution is clear that the executive cannot play the role of the judiciary. In the case of military courts, the basic constitutional question is, how can the executive become a judge when there is a legal forum? On this, the lawyer of the Ministry of Defense said that you are right.
Justice Jamal Mandukhel said, that the Army Act has been limited only to the members of the armed forces, on this Khawaja Haris said that, it is not so, the Army Act is not limited to the armed forces only, various categories are included, Justice Jamal said on this occasion.
As Article 8(3) of the Constitution deals with the discipline and performance of the army, can a criminal case be included in Article 8(3)? The constitution mentions the citizens of Pakistan and not the citizens, said Justice Jamal Khan Mandukhel
The lawyer of the Ministry of Defense said, the people of the Pakistan Army are citizens as much as other citizens, on this Justice Mandukhel said, the only question is that how can the people of the army be deprived of their basic rights? If a citizen becomes a part of the army, does he lose his basic rights? The matter of military courts is separate from Article 175 of the Constitution, what will happen if a citizen wants to go to the military post despite being stopped? Will a civilian be tried in a military court on the charge of stopping work?
Khawaja Haris said, this is a situation, he cannot say anything about it, Justice Musarat Hilali said that this is the most important question.
Justice Muhammad Ali Mazhar remarked that, the answer to the question is very simple, if a citizen is convicted of a crime listed in the Army Act, there will be a trial. The answer lies in the Army Act.
Justice Musarat said, the trial of a civilian is being done by widening the powers, the question is whether a trial of a civilian can be done or not.
Justice Jamal further said, the Army Act was brought to bring the armed forces under the discipline of the army. Martial law was also enforced in our country for 14 years. Suppose a civilian tries to go to a check post, then does this also interfere with the duties of the armed forces? would be equivalent to put?
