Do the judges come under purview of article 6 due to un-constitutional steps: SC constitutional bench

ISLAMABAD, JAN 13 (ONLINE): Justice Jamal Khan Mandokhail has remarked judges kept on endorsing martial law adding do the judges fall under orbit of article 6 for unconstitutional steps.

He further remarked that crimes committed under the Army Act are applied only to military personnel.

He gave the remark during the hearing of the intra-court appeal against the trial of civilians in military courts in the Supreme Court.

Headed by Justice Aminuddin Khan, a seven-member Supreme Court constitutional bench is hearing the case. The bench includes Justices Jamal Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.

Justice Muhammad Ali Mazhar remarked name of judges were mentioned in Pervaiz Musharraf case. Later name of judges were excluded from trial of high treason case.
Justice Musarrat Hilali remarked constitution endorses too many tribunals . We have to see which cases can be heard where and how.

Justice Hassan Azhar Rizvi remarked amendment was made in certain clauses of army act in 2023. Can the amendments made later be applied to May 9 incidents. Trial of May 9 was conducted under army act.

Justice Amin ud Din Khan while moving to Khawaja Haris said it will be proper if he completes his arguments till tomorrow.

Khawaja Haris said trial of civilians falls under section 31-D of army act.

Justice Jamal Mandokhail remarked section 31-D pertains to inciting military men for preventing them from discharging their duty.

Khawaja Haris said constitution has acknowledged military courts.

Justice Jamal Khan Mandokhail remarked there is commandment for staying away from prayers but in state of intoxication. We have to see whose case will go to military courts.
Justice Hassan Azhar remarked Supreme Court (SC) had stopped trials in this case. The conditional permission was given to military courts by SC too for announcing decisions. We want to see were the accused allowed to present witnesses in their defence or otherwise. We want to see the standard of evidence presented in military courts.

Khawaja Haris said court cannot review evidence on merit.

Justice Hassan Azhar remarked we will not mention it to any one but court is empowered to review.

Khawaja Haris said amendments were made in some clauses of army act in 2023. In the present case, incidents took place in 2023. The amendments made later can be applied to May 9 incidents. Trial of May 9 accused was conducted through amendment in army act.
The court adjourned the hearing of the case till Tuesday.