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ISLAMABAD, Jan 30 (APP):Attorney General of Pakistan, the Ministry of Interior, the Governments of the Punjab and Baluchistan, the Federal Ministry of Law and Justice and the Shuhada Foundation have supported and adopted the arguments of the Counsel for the Ministry of Defense, Advocate Khwaja Haris, in the Intra Court Appeals case against trial of civilians in military courts after he concluded his arguments on Thursday before the seven-member Constitutional Bench of the Supreme Court of Pakistan.
Justice Jamal Mandokhail asked Advocate Sikandar Bashir Mohmand that how can he represent the Government of Baluchistan? The Advocate General office in Baluchistan should be closed if it needs to hire private lawyers. The Government of Baluchistan needs to establish its right of appeal in this case. What the provincial government to do with it?
The Supreme Court has allowed government to hire private lawyers in various judgements, Advocate Sikandar Bashir responded.
Counsel for the Government of Khyber Pakhtunkhwa informed the Court that he has already withdrawn his appeal in this case.
During the course of proceedings, Justice Hasan Azhar Rizvi remarked that the terror attacks on Mehran Airbase and Kamra base are mentioned in the SC judgment regarding 21st Constitutional Amendment. Two Orion aircraft were destroyed and the nation suffered loss of billions of rupees. Where the accused of attack on the GHQ were tried? Was the scale of 9 May larger than it?, he questioned.
“All terrorists on Mehran base were killed”, responded Khwaja Haris and argued before the Court that the military courts were not mentioned in Article 175 of the Constitution that deals with the courts. The military courts are established separately and recognized by the law.
‘So, no investigation took place after all the terrorists were killed?’, asked Justice Hasan Azhar Rizvi. Was there no need of investigation to know who they were and from where they came? Was the file closed after all the terrorists were killed?
‘There must be investigation. The trial of attack on GHQ was held in military court. 21st Amendment was not yet introduced then, the Counsel responded.
Justice Jamal Mandokhail remarked that the jurisdictions of the courts established under Article 175 are wide while courts under special laws have limited jurisdictions. 21st Amendment makes it clear that military courts are for war like situations. The Constitution was amended to bring civilian under the Army Act.
‘Trial of civilian did not need a constitutional amendment. It was introduced only to include other offenses in the law, responded Khawaja Haris.
‘On the bases of all these acts of terrorism, the constitution was amended’, Justice Rizvi observed and asked what happened to the suspects of Kamra base? Where was their trial held?
‘I will respond to this after taking instruction from the Ministry’, responded Khwaja Haris.
Khwaja Ahmad Hussain, Counsel for former Chief Justice of Pakistan Justice (R) Jawad S Khwaja began his arguments before the court and said that Article 8 (3) of the Constitution excludes Army Act from fundamental rights. It clearly mentions members of the Armed Forces that means civilians cannot be tried under the Army Act. He argued that I don’t say that the suspects should be set free. I just want to establish that civilians can’t be tried under Army Act.
During the proceedings, Justice Jamal Mandokhail made a clarification and said that he his words are misreported by media regarding yesterday’s remarks. He said that two person comes and say the judgement is wrong. But the media reported ‘judges’ instead of ‘persons’. It could create a lot of misunderstandings.
The Court then adjourned the proceedings for tomorrow and Ahmad Hussain will continue his arguments.