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ISLAMABAD, Feb 26 (APP):The Supreme Court on Tuesday adjourned hearing till February 27 on intra court appeals in case pertaining to the civilians’ trial in army courts.
A seven-member constitutional bench headed by Justice Amin Ud Din Khan heard the intra-court appeals filed by PTI founder and others.
At the outset of hearing, Justice Amin Ud Din Khan remarked that larger bench hearing the intra court appeal is not bound of the previous judgment as it was hearing the case first time.
Justice Jamal Mandokhel remarked that all five judges were in agree that there cannot be a military trial of civilians.
Civil society lawyer Faisal Siddiqui began the arguments and took the position that there is not one but three decisions of the five-member bench against military courts.
Justice Muhammad Ali Mazhar remarked that the judges had not written additional notes but decisions.
Faisal Siddiqui took the position that Uzair Bhandari took the position that the jurisdiction of the intra-court appeal is limited, he does not agree with Uzair Bhandari’s position. Uzair Bhandari relied on the note of Justice Mansoor Shah in the Practice and Procedure case, he said.
Justice Muhammad Ali Mazhar remarked that if the right of appeal had been granted in the Practice and Procedure decision from the past, appeals would have started coming from 1973, Faisal Siddiqui argued that if the scope of appeal was limited, many of our appeals would also be dismissed.
Faisal Siddiqui said that the constitutional bench can declare the trial of a civilian null and void even without declaring the provisions of the Army Act null and void.
Justice Naeem Afghan inquired that I have been asking since the first day whether there is any formal order from the ATC judge to hand over the accused? Faisal Siddiqui replied that there is an order but no reasons were given in it.
Justice Jamal Mandokhel asked whether the court itself has to see whether it has jurisdiction to hear the case or not? Justice Amin Ud din Khan remarked that the court itself has to determine its jurisdiction.
Justice Muhammad Ali Mazhar said that the person who applies for bail after the FIR is registered is called the accused, the accused is an accused even before the indictment, he does not become a criminal.
Justice Amin inquired whether there were trials in military courts on the provisions that fall under the ATC category?
Faisal Siddiqui replied that I think the sentences were given by the military courts under the Official Secrets Act.
Justice Muhammad Ali Mazhar said that those who have been tried in the military court cannot be tried again. It is not possible for a military court to punish under the Official Secrets Act and send the case to the ATC.
Justice Jamal Mandokhail remarked that there is no concept of FIR in the Army Act.
Justice Amin remarked that if the application comes directly, the ATC judge should give reasons in the decision. He asked that what legal options the accused has after his handing over.
Faisal Siddiqui said that if the request comes from the military authorities after the magistrate’s charge frame, then the extradition cannot be denied.
Justice Jamal Khan Mandokhail remarked that if the magistrate hands over an accused to the army, then that accused also has the right to appeal, then the appeal will reach the High Court and the Supreme Court.
Faisal Siddiqui took the position that it is not right to hand over the accused to the army on the basis of the FIR alone.
The bench later, adjourned further hearing till tomorrow.