A seven-judge constitutional bench of the Supreme Court adjourned Friday (tomorrow) the hearing of civil appeal against the trial court in the military court.
Federal government lawyer Khawaja Haris said the Army Act applies to civilians in certain circumstances and the Supreme Court has no jurisdiction to strike down the provisions of the Army Act.
Judgment and hearing
Justice Jamal Mandokhel raised an important question about the application of military discipline to civilians, asking that those who are not in the armed forces should be subject to military discipline.
He also asked whether putting unrelated people under martial law would violate Article 8 of the Constitution. Justice Jamal also pointed out that the rules of a special department apply to an employee in the department and asked how the rules can be applied to people who do not belong to any department.
Justice Musarrat Hilali asked whether the basic rights of the accused were removed when the trial was conducted under Martial Law, and whether a person entering Martial Law was treated as if he was “in another world”.
In response, Khawaja Haris, representing the government, said that in some cases martial law applies to civilians. He said the court had no jurisdiction to overrule the provisions of the Army Act.
Judge Jamal replied that if anyone is suspected of inciting violence, martial law can also be applied to them.
Justice Mohammad Ali Mazhar said it was important to point out the weakness in the previous court’s decision and reiterated that the court has jurisdiction to consider constitutional considerations raised in intra-judicial appeals.
The judge also discussed the nature of the process depending on the crime.
Justice Jamal said that the attack on the President’s house will be prosecuted in the Anti-Terrorism Court, while the attack on military assets will be prosecuted in the military court.
Defending the government’s position, Khawaja Haris said the decision to try civilians in military courts was made by law.
He also assured the bench that those accused in military courts are given access to lawyers and all relevant materials.
