No right to appeal in a military trial, only mercy appeal to army chief: Bhandari tells court

ISLAMABAD: The seven-member Constitutional Bench of the Supreme Court, headed by Justice Aminuddin Khan, presided over the case of appeal against trial of civilians in the military courts.

Uzair Bhandari, counsel of former chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, resumed his arguments. He gave arguments on whether the Army Act can subject itself or not, and if it can, then under which law. “The trial will not be on the provisions but on the status,” he said.

Imran Khan’s lawyer argues against military trials in front of Constitutional Bench

Justice Rizvi said that there was an attack on military installations. Their security must have been under the control of army personnel. “Will a police officer investigate them?” he said, adding, “Where there is military involvement, military courts will be involved.”

Lawyer Uzair Bhandari said that in this case, the court has to decide to what extent the law can be expanded. “Constitutional protection will have to be given to allow Army Act to apply to the civilians. It is written in the oath of a soldier that the order of an officer is more important than life,” he said.

Justice Hassan Azhar Rizvi, while addressing Bhandari said, “You are saying that the army can respond only during war. Not if the house is attacked?” The counsel responded, “We have to get out of this mindset that only the army can do everything.”

He said that fair trial is a distant thing.  Rather, even a piece of paper is not allowed to be taken away in a prison trial.

Justice Aminuddin said that if they are not allowed to take away a piece of paper, then where do the letters come from? Justice Musarrat Hilali added, “Yes, nowadays there is also a dispute over letters.”

Civilians are tried under Article 175, military courts are outside its scope: Bhandari

Justice Jamal Khan Mandokhail instructed the counsel to restrict arguments only on the issue of fundamental rights. Bhandari replied that in a court martial even death penalty can be awarded. “There is no term of the judge, no training, and no legal understanding. There is no right of appeal against the sentence either, only an appeal for mercy can be made to the Army Chief,” Bhandari added.

After the completion of Uzair Bhandari’s arguments, the Constitutional Bench adjourned the hearing till tomorrow (February 26).