Justice Jamal Mandokhel of the Supreme Court Constitutional Bench said during the hearing of the case pertaining to civilian trials in military courts that it is unambiguously stated in the Constitution that the executive branch cannot perform the functions of the judiciary.
Under the leadership of Justice Amin-ud-Din, the seven-member Constitutional Bench postponed to tomorrow the hearing of the intra-court appeal against the trial of civilians in military courts. A number of instances, including election manipulation, had their hearings postponed by the Constitutional Bench prior to this one. According to Justice Amin-ud-Din Khan, the bench would only consider the matter from the military courts today.
In his opening remarks, Khawaja Haris, the defense ministry’s attorney, cited a prior Supreme Court decision that permitted the court-martial of civilians under army command. Khawaja Haris responded that the Ministry of Defense filed the appeal when Justice Mandokhel inquired about the identity of the appellant and the aggrieved party in this matter.
According to Justice Mandokhel, “The executive is a governmental body.” Can it serve as a judge in the event that the executive is the victim of a crime? He stressed that the separation of powers is clearly defined in the Constitution and that the executive branch is not authorized to carry out the role of the court.
According to Khawaja Haris, the executive can make the decision if there isn’t another venue. But in response, Justice Mandokhel said that the statute establishes counterterrorism courts as a venue.
Justice Mandokhel asked if the Army Act extended to civilians but not to them. In support of it, Khawaja Haris said that the Army Act covers more than simply members of the military services. The Army Act was mainly for military members, Justice Mandokhel retorted, and civilians shouldn’t be denied their basic rights.
The intra-court appeal against civilians being tried in military courts was postponed until tomorrow, when Khawaja Haris will present his case further.
adjourns the hearing
Tomorrow is the new date for the hearing of the case pertaining to civilians being tried in military courts by the Supreme Court’s constitutional bench, which is presided over by Justice Amin-ud-Din Khan.
The case will be heard again tomorrow, Justice Amin-ud-Din announced as the seven-member panel resumed its deliberations.
Khawaja Haris, a lawyer for the Defense Ministry, said he will finish his arguments at the next session.
Hafeezullah Nyazi went to the rostrum with a request to speak at the end of the session. In response to a question about whether he planned to talk about politics, Justice Amin-ud-Din Khan emphasized, “I have never made political statements here.”
The hearing on civilian trials in military courts will be presided over by Justice Amin-ud-Din Khan, who will lead a seven-member panel. Notifications have already been sent to the case’s pertinent parties.
The bench also postponed Sher Afzal Marwat’s constitutional challenge regarding alleged electoral tampering in general elections.
The court also postponed the lawsuit concerning the rehabilitation of victims of the 2005 earthquake. Notices have been issued to all parties, including the Earthquake Reconstruction and Rehabilitation Authority (ERRA) and the Attorney General.
