Islamabad: Justice Jamal Khan Mandokhail has remarked neither any arrest can be made without FIR nor any one can be kept under detention without order of magistrate.
Intra court appeals against civilians trial in military courts came up for hearing before a 7-member constitutional bench of Supreme Court (SC) presided over by Justice Amin ud Din Khan Tuesday.
At the inception of hearing Justice Jamal Khan Mandokhail said " complete your arguments in 20 minutes.
Counsel for defence ministry Khawaja Haris said " I will try to complete the arguments today.
Additional Attorney General (AAG) Amir Rehman said if the arguments of counsel for ministry of defence are completed today then Attorney General (AG) will give arguments tomorrow.
Justice Muhammad Ali Mazhar remarked certain basic rights have been given in act too. Rangers and FC personnel resort to service tribunal against their sacking from service.
Justice Jamal Khan Mandokhail remarked does IG hear appeal in police or SP runs the case. Independent forum is available in India too. Neither any arrest can be made without FIR nor can any one be kept under detention without magistrate order.
Justice Muhammad Ali Mazhar remarked cases were registered against the accused of May 9 cases under official secret act. Military did not register any FIR directly.
The custody of civilians was given to army through anti terrorism courts. Was giving the civilians to military custody correct or otherwise, it is a separate debate.
Justice Jamal Khan Mandokhail said this case has deep repercussion for future. FB Ali case is still being debated at present despite lapse of several decades.
Later the SC adjourned hearing of appeals against decision of trial of civilians in military courts till tomorrow.
The court directed Khawaja Waris to complete his arguments tomorrow.
Justice Amin ud Din Khan said we will hear AG tomorrow after Khawaja Haris.
Khawaja Haris said had there been not too much questions of the judges, I would have completed it today.
Justice Musarrat Hilali said shift the responsibility of tomorrow on me. I will not let any one to make question.
Justice Jamal Mandokhail said I assure I will not ask any question now.