ISLAMABAD(News Desk): Justice Jamal Khan Mandokhail of Supreme Court (SC) constitutional bench has remarked if any offence is committed against the executive then can executive give decision by playing role of judge.
He gave these remarks during hearing of case pertaining to trial of civilians in military courts in SC constitutional bench here Tuesday.
Justice Muhammad Ali Mazhar remarked answer to this question Is very simple. Trial will run if the said citizen has committed offence outlined in army act.
Justice Musarrat Hilali remarked civilians are being tried under army act by expanding the powers. Question is this can civilians be tried in military courts or otherwise.
The court while summoning report with reference to attitude and behavior being perpetrated with May 9 accused adjourned the hearing till today (Wednesday).
A 7-member SC constitutional bench took up the case pertaining to trial of civilians in military courts for hearing Tuesday.
Khawaja Haris counsel for the ministry of defence appeared in the court during hearing of the case.
He took the plea the SC maintained in the past that civilians under military jurisdiction can be court martialled.Justice Jamal Khan Mandokhail inquired who is affected party and appellant in the present case.
Khawaja Haris said appeal has been filed by defence ministry.
Justice Jamal Khan Mandokhail inquired is defence ministry executive institution. If any offence is committed against the executive then can it decide by playing the role of judge. Division of powers is very clear in the constitution. Executive cannot play role of judiciary.
Khawaja Haris took the plea executive can decide if no other forum is available.Justice Jamal Mandokhail remarked anti terrorism courts forum is there in law. How can executive play the role of judge by itself when legal forum is there.
Khawaja Haris said what you are saying is correct.
Justice Jamal Khan Mandokhail remarked article 8, 3 of the constitution relates to discipline and performance of army. Can criminal matter be included in article 8, 3. Mention is not made about the citizens in the constitution but mention is made of citizens of Pakistan therein.
Khawaja Haris took the plea armed forces personnel are as much citizens as the other citizens are.Justice Jamal Khan Mandokhail remarked this is the question how can people of military be deprived of basic rights.
Justice Muhammad Ali Mazhar clarified that simply standing near a military checkpoint does not warrant a trial under the Army Act. “Only if a civilian commits an offence defined under the act can they face trial,” he said.
The court adjourned hearing of intra court appeals against trial of civilians in military courts till today (Wednesday).
