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ISLAMABAD, Apr 18 (APP):Justice Naeem Akhtar Afghan has remarked that many things were included in the Constitution of 1973 during the martial law regimes. The successive democratic governments removed all such things through further amendments, but no government touched the Army Act.
He remarked this during the hearing of petitions regarding the trial of civilians in military courts before the seven-member Constitutional Bench of the Supreme Court of Pakistan, headed by Justice Amin ud Din Khan, on Friday.
Advocate Khwaja Haris, Counsel for the Ministry of Defense concluded his arguments today, saying that the Constitution of Pakistan approves military courts. Court Martial is something constitutionally approved, not only in war times but during peace too. Fair trials are conducted in military courts as elaborated in Article 10 of the Constitution. The presiding officers have knowledge of the law and rights.
On the inquiry of Justice Hasan Azhar Rizvi, Khwaja Haris said there is no pick and choose. All suspects are dealt with according to the nature of the accusation, and the cases are sent to Anti-Terrorism Courts or Military Courts according to their nature.
Justice Jamal Mandokhail remarked that there are only two types of courts according to Article 202 of the Constitution, i.e. High Courts and subordinate judiciary.
Justice Hasan Rizvi questioned whether 12 to 13 military installations were attacked on May 9. Was anyone tried for security failure in this regard?
Additional Attorney General Amir Rahman responded that the Attorney General will respond to the question.
The Court appreciated Khwaja Haris for concluding his arguments and adjourned the hearing for April 28.