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ISLAMABAD, Feb 24 (APP):The Supreme Court on Monday adjourned hearing of intra court appeals against civilians’ trial by army courts tomorrow. 25.
A seven-member constitutional bench headed by Justice Amin Ud Din Khan and comprising justices including Muhammad Ali Mazhar, Jamal Khan Mandokhail, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan heard the petitions.
At the outset of hearing, Justice Amin Ud Din Khan observed that a category of civilians also fell under the Army Act at questioned , how a distinction could be made that who came under the preview of Army Act and who did not? He further observed the reference to Article 245 was irrelevant in instant case.
If the argument pertaining to Article 245 were accepted, that how will the army defend its installations whether issuance of notification of Article 245 would be awaited in case of an attack on the GHQ, he asked.
Justice Jamal Mandokhel said that the constitution has given the army two types of powers, one is the power to defend and the other to assist the civil government.
The PTI founder’s lawyer Aziz Bhandar argued that in case of firing, one did not need to take permission from anyone to defend himself. When there was an attack, all institutions, including the police and the army, would come into action. The apex court has already settled this point in the Liaquat Hussain case.
The court, he added had declared that if the army arrested an attacker arrested by the army to be handed over to the civil authorities. Every institution derives its powers from the Constitution, he added.
The court later adjourned further hearing of the case till February 25.