SC resumes hearing of appeal case on military trials of civilians

The Constitutional Bench of the Supreme Court resumed hearing of the case pertaining to the trial of civilians in military courts. The previous hearing was held on March 13.

The bench is presiding over an appeal case against declaring the trial of civilians in military courts null and void. The seven-member constitutional bench headed by Justice Aminuddin is hearing the case, and includes Justice Jamal Khan Mandokhail, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal.

Court martial of civilians aims to protect Pakistan, not army’s ego: Khawaja Haris

Defence Ministry’s lawyer Khawaja Haris has resumed his arguments from the last hearing, when he had said that court martial of civilians aims to protect Pakistan, not army’s ego. He said, “Court martial of civilians is not a matter of the army’s ego. The purpose of court martial is to defend Pakistan and national security. The court cannot make any decision on mere rumors.”

Khawaja Haris is giving his reply arguments and he said that he wishes to speak about some previous court decisions. “There are some decisions of former judge Saeed-uz-Zaman Siddiqui and others,” he began his arguments. He said that if a civilian damages a military installation, or steals a tank, the Army Act will apply to him.

In response, Justice Mandokhail inquired how an FIR is filed for such an incident, who conducts the investigation and what will be the procedure? “An FIR is filed for a criminal act,” he said, adding that the question is about the trial.

The lawyer responded that under the Army Act, the armed forces themselves can arrest civilians.

Justice Mazhar remarked that an FIR must be filed before an arrest. Justice Rizvi concurred, adding that when an arrest is made, the arrested have to be presented to the relevant magistrate. Justice Mandokhail said that under Section 2 of the Army Act, an accused becomes an accused only when an indictment is filed.

The bench said that if special courts do not fall under Article 175. To this Khawaja Haris responded that there are several court decisions regarding court martial. Justice Mandokhail said that the courts only see whether the trial is in accordance with the constitution or not.

After hearing the reply arguments, the constitutional bench adjourned the hearing till April 8 (tomorrow).