Islamabad: Justice Jamal Mandokhail has remarked the dispute is not this either civilians be tried in military courts or otherwise but issue is if civilians commit crimes under army act then what will be done.

He further observed who was to separate judiciary from executive. Will judiciary be deemed to have been separated from the executive under article 175 (3) automatically and either judiciary or parliament will give declaration about separation of judiciary from executive .

According to Hamid Khan judiciary will be deemed to have been separated automatically under article 175 (3). It means after 14 years of this article military courts cannot stay for the members of army too.

Advocate Hamid Khan replied military courts can stay for members of army. It is categorically mentioned in article 175 (3) of constitution judiciary will be separated from executive. Civilians at such large scale cannot be tried in military courts in any situation. Military courts cannot be established without amendment in constitution.

He completed his arguments on Monday.

Khawaja Haris will start giving counter arguments from today (Tuesday).

A seven members Supreme Court (SC) constitutional bench presided over by Justice Amin ud Din Khan took up intra court appeal against trial of civilians in military courts Monday.