Military trials hearing: Those who are guilty should be punished, says Justice Mandokhail

ISLAMABAD: The seven-member Constitutional Bench of the Supreme Court headed by Justice Aminuddin Khan is hearing the intra-court appeals against the decision of civilians’ trial in military courts.

Justice Jamal Mandokhail remarked that whoever committed the crime, there should be punishment, “what difference does it make whether the trial is held here or there?”

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Justice Muhammad Ali Mazhar asked civil society lawyer Faisal Siddiqi how many people were released from the military court? The counsel said that there were 105 accused, out of which 20 have been released.

The Additional Attorney General said that after the initial 20 accused, 19 more people were released from the military courts. “Currently there are 66 accused in jails,” he added.

Lawyer Faisal Siddiqi said that it is customary in America that at the end of the arguments, the parties are given the right to a proposed judgment, which is also an alternative to a court martial.

He added that there is a huge difference in ordinary and military trials, “one trial is independent and the other is in the military [courts]”.

Siddiqi said that when there is a threat to the defense of Pakistan, only then a civilian can be tried in military courts. However, the cases in the May 9 incidents are of vandalism, he added.

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Justice Mandokhail said, “All forums are respectable. In 83A, FB Ali had said that the law cannot be challenged.”

After this the arguments by civil society lawyer Faisal Siddiqi were completed, and petitioner’s lawyer Abid Zuberi began his arguments.

The Constitutional Bench adjourned the hearing until tomorrow. Zuberi will continue his arguments tomorrow.