Islamabad: Supreme Court (SC) constitutional bench has adjourned till Monday hearing of civilians trial in military courts case.
Justice Jamal Mandokhail remarked central question is this can civilians be tried in military courts or otherwise. Judiciary too has a role in endorsing Martial law steps. There is no room for martial law in the constitution.
Supreme Court Bar Association (SCBA) has filed its representations in SC.
It has been said in written representations that civilians cannot be tried in military courts. Clauses of army act have been declared correct in different court's decisions. Clauses of army act cannot be declared unconstitutional.
A 7-member constitutional bench of SC presided over by Justice Amin ud Din Khan took up the case for hearing Thursday.
The SCBA representations said powers for determining the constitutional position of any law lie with SC as per constitution. SC should interpret the relevant law.
People of Pakistan wields right for peace and harmony.
Lawyer Hamid Khan said army act came in May 1952. When army act came then government of India act was in place in Pakistan. First constitution in Pakistan came in 1956. Basic rights were introduced for the first time in first constitution. First amendment in act was made in 1967.
Justice Jamal Khan Madnokhail said judiciary too has role in endorsing steps by martial law.
Hamid Khan said 21st amendment was made in constitution for military courts. Military courts were formed for two years. Concept of military courts was abolished in Liaqat Hussain case.
Justice Muhammad Ali Mazhar said power for superior judiciary review was given on military courts decisions in 21st amendment.
Hamid Khan said had there been no condition of two years in 21st amendment then amendment would have been declared void. in 21st amendment interim military courts were formed. SC 2oo9 decision closed the way of martial law. SC 2015 decision blocked the way of military courts.
Justice Jamal Mandokhail said if constitutional amendment comes for military courts then what will be your stance.
Hamid Khan said interim military courts were not acceptable to us for two years. Justice Saith Waqar was great judge.
Hearing of the case was adjourned till Monday.
Hamid Khan will continue his arguments on Monday.