Islamabad: Justice Amin ud Din Khan has remarked " I am saying from the very first day all will shift the burden to us.
There is such a category of civilians which falls under army act. But how we will differentiate which civilian comes under army act and which do not come. Reference to article 245 in this case is irrelevant. No prime minister has completed 5 years so far.
Justice Musarrat Halali has remarked no brave prime minister has come which has completed five years.
Justice Jamal Mandokhel remarked it is said prevention is better than cure. Why don't we curb terror related incidents prior to their occurrence. We endorsed military dictators. What was objective of enacting army act. If it comes in comprehension then half issue will be resolved. No power for punishment was given in disciplinary action against civilian. The powers for awarding sentence have been given in military courts.
If army officer commits offence while on leave then trial will take place where. Are the powers of military court very wide or limited. Trial of Rangers was held in civil court in Karachi. Parliament makes constitution. Legislation can be enacted according to constitution. Any law which does not conform to constitution cannot be enacted.
The case came up for hearing before SC constitutional bench presided over by Justice Amin ud Din Khan Monday.
Uzair Karamat Bhindari counsel for Imran Khan said article 245 of constitution does not give judicial powers to army.
Justice Jamal Mandokhel inquired is court martial not court's proceedings.
Uzair Bhindari said court martial is court's powers but it is only for army personnel and not for civilians.
Justice Jamal Mandokhel remarked if parliament is attacked then will the parliament establish separate court for trial. Executive and Judiciary have been kept separate from each other in the constitution. In military trial the complainant itself is executive. Can complainant be judge of his matter.
Uzair Bhindari said if trial of civilians in military courts is given in army act then in future more offences will be included in army act.
Justice Ali Mazhar remarked calling army under article 245 does not mean at all that powers for running the courts be also given.
Justice Jamal Mandokhel said can we declare prime minister's order null and void.
Counsel Uzair Bhindari said judiciary can do so.