Islamabad: Hearing of appeal plea against trial of civilians in military courts and the decision will continue today (Thursday).

Justice Jamal Khan Mandokhail has remarked rules are suspended in accordance with the constitution and not rights. It is doubtlessly powers of parliament to enact law about what things are crime. Parliament can enact law tomorrow if it wills so that seeing with slant looks is offence. This offence will be tried where, it is too constitutional responsibility of parliament to set up court. Constitution assigns this power and responsibility to parliament. It is said parliament is supreme. To my views constitution is supreme.

The appeal plea against decision and trial of civilians in military court came up for hearing before SC constitutional bench presided over by Justice Amin ud Din Khan Wednesday.

As proceedings started, Khawaja Haris, the counsel for the Ministry of Defense, argued that the judicial decision is based on Articles 8(5) and 8(3), and that both sub-articles are entirely different and cannot be combined.

Justice Mandokhail stated that according to the Constitution, rules can be suspended but not abolished, and rights cannot be suspended under Article 5.

Khawaja Haris argued that Article 233 has two parts: one deals with the Armed Forces and the other with civilians.

The counsel read the decision which declared the military trial of civilians void and stated that the F.B. Ali case had already settled that civilians could also be tried by military courts. He argued that the majority decision misinterpreted Articles 8(3) and 8(5).

Justice Hilali said the Constitution of Pakistan is not suspended. The lawyer replied that fundamental rights remain, and there are court decisions.

She asked the lawyer whether all fundamental rights are suspended when one comes under the Army Act.

Justice Jamal Mandokhail inquired can civilians be put to trial under army act or otherwise.

Khawaja Haris said the general impression is different from it.

Justice Jamal Mandokhail remarked leave the general impression. Tell us can civilians be tried or otherwise.