Military trials case: Raja contests courts established outside Article 175

ISLAMABAD: The Constitutional Bench of the Supreme Court began the hearing of civilians’ trials in military courts case. The hearing was adjourned yesterday after the petitioner’s lawyer Salman Akram Raja failed to reach the court due to road closures.

The seven-member bench headed by Justice Aminuddin Khan conducted the hearing. Convicted criminal Arzam Junaid’s lawyer Raja’s resumed his arguments. He apologised for yesterday saying that he could not reach due to traffic jam. Justice Aminuddin Khan responded, “Those who were supposed to reach the court had reached.”

Counsel stuck in traffic; military trials case adjourned

Justice Jamal Khan Mandokhail added, “Try to complete the arguments today.” Raja replied that he will complete his arguments by tomorrow.

“The central decision said that courts cannot be established outside Clause 3 of Article 175,” Raja began his arguments. Justice Muhammad Ali Mazhar said, “Initial hearing in service matters is conducted departmentally.”

Justice Hassan Azhar Rizvi added, “The footage of May 9 incidents was also played on TV channels. Corps commander’s house were broken into and vandalized. Today, burning, besieging, and vandalising has become a fashion.”

Justice Rizvi said that on May 9, a house was broken into and batons were thrown at TV screens, the same thing happened in Bangladesh. “There was looting in Syria as well. This has become a culture,” he said.

Justice Mandokhail added to Justice Rizvi’s comment, saying, “Breaking into the house of even a common citizen is a crime.”

Salman Akram Raja replied, “Clause 3 of Article 175 should also be applied to army officers.” Justice Naeem Akhtar Afghan responded, “The 1973 Constitution was made, [and then] all the laws of the martial law period were reviewed in the 18th Amendment.”

“Why do you want the Supreme Court to do the job that is supposed to be done by the Parliament,” Justice Afghan said, adding, “You are giving the example of India, where the law was changed through the parliament.”

Addressing Raja, he said, “You should not go out of the jurisdiction of the hearing of the case.”

Justice Rizvi asked, “Has there ever been an attack on Corps Commander’s house anywhere in the world?” Raja responded, “Yes, there have been. I will also give examples of that.”

Raja then referred to the decision to declare the Law Reforms Ordinance null and void. Justice Mazhar said, “Was there any legislation done on what was pointed out in the court decisions?” Justice Mandokhail lamented, “The parliament is busy doing [God knows] what.”

He concurred with Justice Afghan, and said to Raja, “The things you are saying here are for the parliament to do.”

Salman Akram Raja replied, “Judicial authority should be used in the sentencing process.”

Justice Mandokhail pointed out that all verdicts that Raja was referring to were given by the Balochistan High Court (BHC).

“Govt is using Army Act against opponents,” alleges Raja in ‘military courts’ case

Raja said, “I have seen the whole history of the Constitution of Pakistan. During the martial law period, the BHC always gave verdicts to protect the common citizens. The late Justice Waqar Seth gave an important decision from the Peshawar High Court (PHC) as well.”

“Waqar Seth’s decision was also referred to the International Court of Justice (ICJ),” Raja said, adding, “His decision was suspended by the Supreme Court. No court can be established outside Clause 3 of Article 175.”

The Constitutional Bench adjourned the hearing until tomorrow.