ISLAMABAD: The Constitutional Bench of Supreme Court summoned Attorney General for Pakistan (AGP) to explain about his commitment given to the Court related to due process and fair trial of persons, arrested by the military authority in connection with 9th May riots.
A seven-member Constitutional Bench, headed by Justice Aminuddin Khan, on Tuesday, heard intra-court appeals (ICAs) against the apex court’s decision on trial of civilians by military courts. It asked Khawaja Haris to complete his arguments within this week.
Justice Amin told Additional Attorney General Aamir Rehman, who was present in the court, to tell AGP Mansoor Usman Awan to appear before the bench and apprise about the concern raised by the members of the bench, and one of the apex court’s orders regarding fair trial of 9th May accused.
Justice Musarrat Hilali stated that when the constitution guarantees fundamental rights to the citizens, then how they could be deprived of them through an Act (Army). She questioned why the government had not amended the law regarding provision of fundamental rights.
Justice Muhammad Ali Mazhar remarked that whether fundamental rights enshrined in the constitution were given to 9th May accused or not is not an issue before the bench.
Justice Hilali inquired whether the military courts try only army men or persons, who become subject of Army Act. She noted that in India an independent forum has been established for the trial of even the members of armed forces.
Khawaja Haris, appearing on behalf of Ministry of Defence, contended that if Article 8 (3) (a) of the constitution is omitted then fundamental rights would be available to them. Justice Hilali questioned when the civilians become subject of the Army Act, adding when they are made subject to the Act then they cannot be deprived of their FRs.
Haris said a citizen become subject to Army Act when he commits an offence which is against the interest of the State.
Justice Jamal Khan Mandokhail said every offence is against the interest of State. However, Khawaja Haris said that interest of State is related to security of the country. Justice Mandokhail then questioned whether recent attack on train in Balochistan was not against the security of the State, adding it is the job of the army to defend the country. The Defence Ministry’s counsel responded how they (the army) could defend the country when their legs are being pulled.
Earlier, during the proceeding, Justice Mandokhail asked how attempt to seduce is an offence, which has not been acted upon. Justice Mazhar remarked that in the Pakistan Penal Code (PPC) there are two sections of murder; i.e., Section 302 to commit murder and Section 324 for attempt to murder, adding in the PPC there is also sentence for hatching a conspiracy.
Copyright Business Recorder, 2025
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