Islamabad: During hearing of intra court appeals against the decision of trial of civilians in military courts in Supreme Court (SC) constitutional bench , Justice Jamal Mandokhail has inquired from Khawaja Haris, counsel for ministry of defence that the only question is only this can military courts be called courts or otherwise.
A 7-member constitutional bench of SC presided over by justice Amin ud Din Khan is hearing 38 intra court appeals filed by federal government, provincial governments, Shuhada Forum Balochistan and others against October 23, 2023 decision.
Khawaja Haris counsel for defence ministry while continuing his counter arguments took the plea what questions have been asked from me I have placed their replies in writing before court. There are two opinions that fair trial is conducted in military courts. Military courts have come to existence under law.
He argued SC has maintained in Liaqat Hussain case that trial of civilians can be conducted in military courts. The procedure in place and fair trial both are available in trial by military courts. Officers take oath for complete justice in military courts.
Justice Jamal Mandokhail remarked you should read article 175.This is only article which provides justification to courts.
Khawaja Haris said in Mahram Ali versus Liaqat Hussain case it was said court martial does not fall under 175. So much so that it was said in the decision against which appeal was filed that
military courts do not fall under article 175.
Federal government had powers to legislate under federal legislative list as per article 142 of the constitution.
He further argued federal government enacted the law regarding military courts under these powers.
This power and law was there in 1956 and 1962 constitutions. Then the article 175 and 1973 constitution were not existing.
Justice Jamal Mandokhail inquired question is only this military courts can be called courts or otherwise. If they can be called courts then read article 175 again.
Khawaja Haris said military courts are courts which conduct military trial by exercising special power of jurisdiction.
Constitutional bench directed Khawaja Haris to complete counter arguments till tomorrow.
Justice Amin ud Din Khan said we will adjourn the hearing of the case till 28 after tomorrow hearing. Bench will not be available till 28. Attorney General (AG) should open his arguments on 28.
Justice Amin ud Din Khan inquired Khawaja Sahb how much more time is required by him.
Khawaja Haris said replies to the questions of Justice Jamal and justice Musarrat Hilali have to be given as yet. I will need half an hour or 40 minutes more.
Justice Musarrat Hilali remarked If the problem is there regarding my questions then I withdraw my question.
Justice Jamal Mandokhail remarked I just withdraw my question. What is position of Attorney General (AG). He is where.
Additional Attorney General said two to three days are required by AG.
Justice Jamal Mandokhail remarked what a joke it is. Why the case is being lingered on without any reason. Is there no intention to complete this case.
Amir Rehman said Attorney General has to appear on the order of court. Otherwise Khawaja Haris is there as counsel for federation.
SC adjourned the hearing of the case till tomorrow.