Islamabad: Supreme Court grants military courts authority to deliver verdicts for accused individuals.
The Constitution Bench of Supreme Court, headed by Justice Aminuddin, heard the intra-court appeals against the decision of the military courts, where Khawaja Haris, counsel for the Ministry of Defence, gave arguments.
In the beginning of the hearing Justice Jamal Khan Mandukhel passes the remarks that, argument on the point that the impugned provisions of the Army Act are in accordance with the constitution, Can the Army Act be amended to bring everyone under its category? Also keep in mind the aspect that the Army Act was made before the 1973 Constitution.
Justice Muhammad Ali Mazhar asked, first tell me what are the reasons for canceling the provisions in the court decision? Khuwaja Haris replied that there are flaws in the Supreme Court’s decision.
Justice Muhammad Ali Mazhar remarked that he had said yesterday to provide the details of the events of May 9. At present, the case before us is only the Corps Commander’s House. But the Additional Attorney General replied that all the details have been received this morning, I will submit the details in the form of miscellaneous request.
Justice Mussrat Hilali, a member of the constitutional bench, asked what will happen to the trial under the provisions which have been declared null and void. Even before May 9, someone must have been punished under these provisions, the lawyer of the Ministry of Defense replied that usually the decisions made on the relevant provisions before they are repealed are protected, on this Justice Mussrat remarked that it is It will be prejudiced against the accused.
Justice Jamal Mandukhel said, a person joins the Pakistan Army not by force but by his own will. Anyone who joins the army knows that the Army Act will apply to him and fundamental rights are not available under the Army Act. Regarding the employment rules and discipline of the army, lawyer Khuwaja Haris said that no one joins the army with the intention of committing a crime.
Justice Mandukhel asked whether the Supreme Court will be limited to the appellant’s request in the appeal? Can the court also examine other aspects of the decision? While Justice Amin Uddin remarked that the parties can be limited to their objects but not the court.
At the end of the hearing, the Constitution Bench issued an order for today’s hearing in the case and allowed the military courts to pronounce the verdicts of 85 accused.
Constitutional Bench said, the decisions of the military courts will be subject to the verdict of the case pending in the Supreme Court, the accused who can get a discount in the sentences should be released, and the accused who cannot be released should be sent to prisons.
Court adjourned the hearing of the military courts case till after the winter vacation.
