Islamabad: Justice Jamal Mandokhail of Supreme Court (SC) constitutional bench has inquired nexus was there in APS attack then why the trial did not take place in military court.
" Why amendment was made in constitution for trial of terrorists in military courts. We can see intent. What was the purpose of one who committed offensive. Was motive behind crime against the national interest.
He said this during hearing of intra court appeal against the decision of conducting trial of civilians in military courts Wednesday.
Khawaja Haris counsel for ministry of defence said if there is nexus of crime under army act, then there will be military trial.
The Supreme Court's seven-member constitutional bench, headed by Justice Aminuddin Khan, resumed hearing on Wednesday on an intra-court appeal challenging military court trials of civilians.
The bench included Justices Jamal Mandokhail, Muhammad Ali Mazhar, Naeem Akhtar Afghan,
Musarrat Hilali, Hassan Azhar Rizvi, and Shahid Bilal.
Justice Mandokhail remarked that intention behind the crime was a crucial factor and whether the crime was aimed against national interests. Khawaja Haris responded that evidence determined intent, which is evaluated during the trial.
Addressing historical cases, Justice Mandokhail queried why incidents like the GHQ and Karachi Air Base attacks were not tried in military courts. Haris referenced the 21st constitutional amendment, which had expanded the scope of military courts to include various crimes beyond traditional military discipline.
The court adjourned the hearing of the case till today (Thursday) after hearing the arguments of Khawaja Haris.