Refusal to provide military court records sparks SC’s stern remarks

ISLAMABAD: Justice Hassan Azhar Rizvi observed that under natural justice no one can be punished without being heard. A seven-judge Constitutional Court headed by Justice Amin-ud-Din Khan is hearing a case of an internal appeal against the trial of civilians in military courts. The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan. Defense Ministry Adviser Khawaja Haris makes the arguments. Khawaja Haris continued his arguments, arguing that if Section 2(d)(1) of the Act is upheld, then petitions challenging military trials would be inadmissible. He emphasized that military trials follow a complete procedural framework. Justice Rizvi noted that the court had requested records of military court cases to examine how evidence was used to make decisions. He criticized the government counsel’s refusal to provide the requested records, saying it was inappropriate. Khawaja Haris assured the court that he would submit the record of one case for review. Judge Mazhar emphasized the court’s concern that fair trial standards be upheld in military courts. Justice Rizvi made it clear that the court did not intend to discuss the evidence but only wanted to examine whether the trial followed the principles of justice. He reiterated that natural justice required that no one should be condemned without being heard. The lawyer argued that if the statutory provisions were found valid, the motions challenging the military trials would become inadmissible and the judiciary would not be able to review judgments based on fundamental rights.