Khawaja Haris says military trial is fair, SC questions what if it isn’t

ISLAMABAD: The seven-member constitutional bench headed by Justice Aminuddin resumed hearing of the appeals case related to the trial of civilians in military courts. The bench includes Justice Jamal Khan Mandokhail, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal.

The bench directed the Defense Ministry’s lawyer Khawaja Haris to complete his arguments tomorrow.

Khawaja Haris said in his reply arguments that a fair trial is ensured in military courts. “These courts have been established under the law and in the Liaquat Hussain case, the Supreme Court has already made it clear that a civilian can be tried in a military court,” he said, adding, “Both due process and fair trial are available in military courts and the officers hearing the cases take a regular oath.”

Military trials: SC considers Article 36, Vienna convention

During the hearing, Justice Mandokhail, referring to Article 175, raised the question of whether military courts can be called courts or not. Khawaja Haris said that it was clearly stated in the Mehram Ali and Liaquat Hussain cases that court martial does not come under Article 175. “The federal government has the power to legislate under Article 142 and a law related to military courts was made under that power,” he said.

Khawaja Haris added that this power was also present in the constitutions of 1956 and 1962 when the Article 175 and 1973 Constitution had not come into force.

Justice Mandokhail raised questions on fair trial, saying that if an accused says in an appeal that he did not get a fair trial, how will he prove it? Khawaja Haris said that 105 accused were tried in the May 9 incident and no one complained that they did not get a fair trial.

Justice Musarrat Hilali remarked that if an accused were to say so, where would the accused go for that? “What people have said [so far] has made the situation clear,” she said.

The court also expressed its displeasure over the absence of the Attorney General of Pakistan (AGP). Justice Mandokhail remarked that Khawaja Haris is now representing the federation and if the AGP has handed over the right to present arguments to the Defense Ministry’s lawyer, then there is no reason for listening to the AGP himself.

Justice Aminuddin intervened and stopped Justice Mandokhail from speaking on the AGP’s issue.

Military courts case: Khawaja Haris likely to complete his arguments today

Afterwards, the bench directed Khawaja Haris to complete his arguments by tomorrow and said that after tomorrow, the hearing of the case will be adjourned until April 28, as the bench will not be available until then. The bench also directed that the AGP will begin his arguments on April 28.

The hearing of appeal case in trial of civilians in military courts was adjourned until tomorrow.