ISLAMABAD: A seven-judge constitution bench of the Supreme Court headed by Justice Aminuddin Khan on Wednesday resumed hearing of an internal appeal challenging the military trials of civilians. The bench included Justices Jamal Mandokhail, Muhammad Ali Mazhar, Naeem Akhtar Afghan, Musarrat Hilali, Hassan Azhar Rizvi and Shahid Bilal. During the proceedings, Justice Jamal Khan Mandokhail questioned why a constitutional amendment was needed to try terrorists in military courts. Defense counsel Khawaja Haris began his arguments by stating that the nature of the crime determines the judicial forum. If a civilian’s crime was linked to the armed forces, the trial would fall under military courts, he argued. Justice Mandokhail observed that the deciding factor was the intent of the crime and whether the crime was directed against national interests. Khawaja Haris responded that the evidence determines intent, which is assessed during the trial. While hearing the historical cases, Justice Mandokhail asked why incidents like the attacks on the GHQ and Karachi airbase were not tried by military courts. Haris invoked the 21st Amendment to the Constitution, which expanded the jurisdiction of military courts to cover various crimes beyond traditional military discipline. Arguing that the Army Act and the Official Secrets Act were already in place during the attack on the Army Public School (APS) and other incidents, Haris argued that the changes were aimed at addressing wider crimes. The court adjourned the hearing until Thursday, with Khawaja Haris expected to continue his arguments.
