ISLAMABAD, JAN 14 (ONLINE): Supreme Court (SC) constitutional bench has raised several important questions before Khawaja Haris counsel for defense ministry during the hearing of trial of civilians in military courts.
Khawaja Haris will give reply to these questions today (Wednesday).
Justice Hassan Azhar Rizvi remarked how people reached Corps commander house without weapons. Going inside corps commander house by the people is security breach. It has to be seen trial of what civilians can be conducted in these circumstances. Is there an allegation against some one of inciting military men for preventing them from doing work in the present case. The offence will be made under army act when some personal lodges complaint or is involved. How much scope of army act you are expanding, any one can fall therein.
Khawaja Haris argued trial of conspirator or master mind will be conducted in military court.
Whosoever will spoil army discipline will go to military court.
SC has ruled in the past that retired personnel are civilians.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, is hearing the case on civilian trials in military courts. The bench comprises Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
Justice Hassan Azhar Rizvi said to Khawaja Haris it should be kept in mind that FB Ali case is era of martial law.
Justice Jamal Mandokhail remarked the matter of military trial is being expended too much.
Khawaja Haris replied civilians will be tried in military courts in peace time for interfering in military affairs.
Justice Musarat Hilali remarked that many individuals on May 9 were simply heading somewhere unaware of the situation they were being involved in.
The Ministry of Defence’s lawyer stated that these individuals have not undergone trial in military courts, and that he would provide details of the accused.
The court adjourned hearing of the case till today (Wednesday).
Khawaja Haris counsel for ministry of defence will continue his arguments.
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