Islamabad: During the hearing of intra court appeal against decision regarding trial of civilians in military courts, Justice Amin ud Din Khan of Supreme Court (SC) constitutional bench has remarked Supreme Court (SC) is not under trial in this case and the court has to decide as per law and constitution.
He gave these remarks while moving to Latif Khosa advocate Wednesday.
Justice Musarrat Hilali remarked only military trials were not cause of fall of Dhaka. Military trials will have been conducted in extreme last. There were other reasons too.
Latif Khosa said we want strong army with which people too stand. We want army should come out of matter of military trials. All the legislation against article 175 is becoming nullified. Section 2-D law was brought in 1967. Pakistan disintegrated due to section 2-D. The second part of country became Bangladesh following dismemberment of Pakistan. It was written in Hamood ur Rehman Commission hate brewed against the institution therein.
A 7-member SC constitutional bench presided over by Justice Amin ud Din Khan took up the case for hearing Wednesday.
Aitzaz Ahsan raised objection over previous day arguments of Suleman Akram Raja saying Suleman Akram Raja too is my counsel.
He said Suleman Akram Raja had differed from the decision of Justice Munib Akhtar. I had not given any such directive to Suleman Akram Raja. I fully concur with decision of Justice Munib Akhtar.
Suleman Akram Raja said he had differed from one paragraph of justice Munib. I had given argument from Irzam Javed side yesterday and I stand by them.
Justice Amin ud Din Khan said section 2-D be not mixed with May 9 and 10.
Latif Khosa took the plea protection has been provided to basic rights in the constitution.
He said civilians cannot be tried in military courts. Trial and judge is not independent in military trial. Therefore, I had talked for formation of judicial commission on May 9.
Justice Jamal Mandokhel said if we go to history then Khosa Sahib you have long profile. You have remained federal minister, senator, member of assembly, governor and attorney general. What step you took to eliminate section 2-D while remaining on these posts.
Latif Khosa said it is all before you how 26th constitutional amendment was passed. Votes were got cast forcibly.
Justice Jamal Mandokhel questioned was terrorism eliminated when military courts remained in place for four years.
Latif Khosa said wherever conspiracy was hatched in the world first of all people were kept away from army. The problem will be resolved if all institutions remain within the parameters of constitution.
Justice Jamal Mandokhel inquired did you cast vote against constitutional amendment.
Latif Khosa said PTI had not participated in voting.
Justice Jamal Mandokhel remarked you job was to oppose. You should have played your role. leave it as it will become political thing.
The court adjourned the hearing of the case till today (Thursday)