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The experience and capacity of military court officers to impose death sentences are questioned by a SC justice.

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2 months ago

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Under Justice Aminuddin’s leadership, the Supreme Court’s constitutional bench continued to consider intra-court arguments contesting the invalidation of civilian trials in military tribunals. Khawaja Haris, a lawyer for the Defense Ministry, was unable to finish his arguments; thus, the hearing was postponed till Monday.

Justice Musarat Hilali pointed out that although the trial was not conducted in a military court, the October 12, 1999, plane conspiracy case involving former President Gen. Pervez Musharraf was rehashed during the proceedings. The incident resulted in the implementation of martial law. Khawaja Haris explained that such a trial is not conceivable because hijacking is not covered by the Army Act.

She claimed that by turning off the airport lights, an army chief’s plane was instructed to depart the nation. She stated that it endangered the lives of every individual on board.

“How is it possible for someone who wasn’t on the plane to hijack it?” Inquired Khawaja Haris. Justice Hilali questioned where a trial would take place in the event that a fighter or military aircraft was taken over.

The Army Act is a unique law, according to Khawaja Haris, and special laws have particular rules regarding evidence and trial procedures.

With a parliamentary majority, crimes like murder or hijacking (Section 302) might be added to the Army Act, said Justice Jamal Mandokhel. He underlined the need for supervision of the military court trial process, raising concerns about whether army officials presiding over the trials had the experience to render decisions, particularly those involving death penalties.

The officer who conducts a trial does not declare the verdict himself; thus, Justice Hilali questioned how an officer who had not conducted the trial could decide on sentencing. “The officer conducting the trial sends the case to another senior officer who delivers the verdict,” she said. She pointed out differences in the way rulings are worded and requested further information regarding the military court procedure.

Haris remarked that the military’s judge advocate general branch assisted in writing the verdict.

Justice Naeem Akhtar Afghan remarked that there is a general impression that the trial in a military court is only to the extent of punishment. He added that the suspects receive the facility to hire a lawyer of their choice in a court martial.

“A lawyer is also appointed for the suspects along with an officer as a friend,” said Justice Hassan Azhar Rizvi, adding that the only difference is that the judges in military courts are officers.

Justice Mandokhel remarked that the Army Act is applicable only to the army and said it would be seen if military officers get fundamental rights and justice or not.

Justice Afghan remarked that everyone understood military courts did not conduct trials like civilian courts. Justice Mandokhel said, as per the Constitution, these courts provided protection to all fundamental rights.

Justice Hilali asked who the judge is if such a trial takes place in any other country. Justice Muhammad Ali Mazhar remarked that all over the world, only officers sit in courts martial. Khawaja Haris told the court that officers sitting in courts martial possessed experience of such trials.

Justice Mandokhel further said that appeals against the decision of military courts could only determine malice and jurisdiction, while merits could not be discussed in an appeal.

Also Read: Supreme Court Cancels Hearings on Civilian Trials in Military Courts

“Decisions of military courts cannot be challenged even on the basis of fundamental rights,” Khawaja Haris told the court.

Justice Mandokhel remarked that, keeping this in mind, the scope of the Army Act should be limited instead of expanding its application. Those against whom a decision is pronounced in the army should also have the right to appeal in civilian courts, he added.

Justice Hilali commented that in all the FIRs in the May 9 cases, all the provisions of the Anti-Terrorism Act were included, asking how a military trial was conducted on these provisions. “How can a military court handle cases registered under the Pakistan Penal Code and ATA?” she asked.

“The Army Act applies only to those who have violated the Official Secrets Act and does not apply to every terrorist,” Khawaja Haris argued, adding that when a suspect is handed over into military custody, it has its own system of investigation.

Additional Attorney General Aamir Rehman told the court that there are 35 FIRs and 5,000 suspects in the May 9, 2023 cases, adding that only 105 of them, whose presence was proven, were tried in military courts.

Khawaja Haris remarked that past cases like Kulbhushan Jadhav’s were also tried in a military court, while the trial was also recognised by the International Court of Justice. The lawyer also mentioned that appeals against military court sentences have been entertained by high courts in terrorist cases.

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China and Pakistan will travel to Pamir-Hindu Kush-Karakoram together on scientific trips.

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BEIJING: With assistance from the China-Pakistan Joint Research Center on Earth Sciences (CPJRC), Northwest University (NWU) and Karakoram International University (KIU) want to carry out collaborative scientific expeditions in the Pamir-Hindu Kush-Karakoram region.

According to the recently signed partnership agreement between the two universities, they will work together on research projects, develop talent, and train teachers primarily in the areas of cultural heritage conservation and geological catastrophe prevention and control.

According to CEN, they also talked about expanding the options for Pakistani students to pursue postdoctoral and academic degrees at NWU.

“There is a strong need for external cooperation in geological disaster and cultural heritage preservation due to complex geological conditions, frequent disasters, and unique cultural heritage in the region where KIU is located,” stated KIU Vice Chancellor Engr. Prof. Dr. Attaullah Shah.

In addition to KIU’s distinct characteristics, NWU has an edge in areas such ecological environmental protection, natural disaster prevention and control, etc., according to NWU President Sun Qingwei.

China-Pakistan cooperation in earth science is constantly evolving. A DoU to jointly develop the Karakoram Observation and Research Station (KORS) on Natural Hazards was recently inked in February between KIU and CPJRC.

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Unveiling of the PSL X trophy in the Arabian Sea

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With the stunning introduction of its historic 10th edition trophy, Luminara, in Karachi’s coastal waters, the HBL Pakistan Super League has created history.
This extraordinary action, which represents creativity, tenacity, genius, and the essence of Pakistan’s top T20 league, is a new turning point in the league’s history.
The PCB released a video showing Colombian cliff-diving sensation Orlando Duque, aided by the Pakistan Navy, plunging into the Arabian Sea to retrieve the PSL X trophy, “Luminara,” which is picked up by former captain Sarfraz Ahmed and PSL CEO Salman Naseer on the Karachi shores.
Made from a single sheet of solid silver that has been expertly machined to create its elaborate stone settings, Luminara is a stunning work of art. The trophy, which weighs 10 kg and is embellished with 22,850 high-luster zircon stones, is a reflection of the HBL PSL’s competitive prowess, passion, and exceptional stars.
The Latin words “lumens,” which means “light,” and “luminare,” which means “torch,” are the sources of the name Luminara, which means illumination. It represents the league’s ten-year history of setting the standard for entertainment and cricket excellence.
With the assistance of the Pakistan Navy, a professional diver unearthed a treasure box from the deep sea during the revealing, which took place in the open waters of the Arabian Sea. The prized trophy was then presented to HBL PSL stakeholders in Karachi. The story describes an amazing performance that embodies the league’s richness, development, and unflinching attitude. Cricket players, franchise representatives, and HBL and PCB officials all witnessed this extraordinary spectacle, which increased the anticipation for HBL PSL X.
In his remarks on the momentous occasion, Chairman PCB Mohsin Naqvi stated that the league’s dedication to innovation and quality is demonstrated by the introduction of “Luminara” at sea. “This trophy symbolizes the league’s illuminating history and its promising future as we commemorate ten years of the HBL PSL,” he continued.
“The HBL Pakistan Super League has always been about pushing boundaries, both on and off the field,” stated Salman Naseer, CEO of the HBL PSL. The HBL PSL has been a rich source of skill, tenacity, and sportsmanship, just like the sea is full of secrets and depth. This special reveal demonstrates the intense enthusiasm that our players and supporters have for the game.
The 10th edition of HBL PSL is set to take place in four cities – Karachi, Lahore, Multan and Rawalpindi from 11 April to 18 May. The opening match will be played between the defending champions Islamabad United (IU) and Lahore Qalandars (LQ) at the Rawalpindi Cricket Stadium.

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The policy of repatriation is enforced by Pakistan, and the deadline for Afghan citizen card holders to leave the country is set for 18 days.

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It is only 18 days left until the deadline that the government has set for the departure of unlawful foreign nationals and holders of Afghan Citizen Cards. The deadline is rapidly approaching.

It is expected that the foreign nationals who are illegally residing in the country would face severe consequences if they do not leave the country by the 31st of March.

Considering that there are just 18 days left, the deadline for their departure is drawing near almost immediately. A guarantee has been provided by the government that there will be no instances of cruelty during the process of evacuation.

As an additional point of interest, the government has announced that preparations have been taken to provide food and medical services for individuals who are departing the nation.

It was highlighted by the government that foreign nationals who wish to remain in Pakistan must complete the legal conditions in order to obtain permission to do so.

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