How can a civilian being tried in a military court come under the discipline of civilian forces? Constitutional Bench

 If there is an attack on the Presidential Palace, the accused will be tried in the Anti-Terrorism Court, but if there is an attack on army property, the trial will be in the Military Courts? Justice Jamal Mandokhel's remarks

Thursday, December 12, 2024

Islamabad (Point News Today - 12th December, 2024) Justice Jamal Mandokhel has inquired in a trial case in a civilian military court that how can a person who is not in the armed forces come under the discipline of the armed forces? If there is an attack on the President's House, the accused will be tried in the Anti-Terrorism Court, but if there is an attack on army property, the trial will be in the military courts.

The constitutional bench of the Supreme Court, headed by Justice Aminuddin, heard the intra-court appeals against the decision of the military courts, in which the federal government's lawyer Khawaja Haris argued that the court decision in the military courts case consists of two parts, in one part the provisions of the Army Act have been declared null and void, while in the other part the custody of the accused is in the military court.

On this occasion, Justice Jamal Mandokhel remarked that the entire case of military courts revolves around Article 8, how can a person who is not in the armed forces come under the discipline of the armed forces? On this occasion, Khawaja Haris said that if the law allows, then discipline will be applied. Justice Jamal Mandokhel said that if a person is in the army, military discipline will be applied to him, if someone is in the agriculture department, then the discipline of the agriculture department will be applied to him, if a person is not in any department, then how will the discipline of the armed forces be applied? Wouldn’t bringing an unrelated person under discipline be a violation of Article 8? Khawaja Haris said that in certain circumstances, the Army Act also applies to civilians, the court does not have the authority to nullify the provisions of the Army Act, on this, Justice Jamal said that in this way, if someone thinks of inciting, the Army Act will apply, hasn’t the Army Act made Section 1 of Article 8 of the Constitution ineffective? Khawaja Haris replied that Article 10A of Fair Trial is also present in military trials.

Justice Mandokhel said that the highest office in Pakistan is that of the President. If there is an attack on the Presidential Palace, the accused will be tried in the Anti-Terrorism Court, but if there is an attack on army property, the trial will be in the Military Courts? To this, Khawaja Haris said that this decision has been made by the legislators through legislation. Justice Musarrat Hilali remarked that copies of the FIRs of those detained by military courts were not given. Is a lawyer allowed in a military court trial? Is all the material provided to the accused in the military court? To this, Khawaja Haris replied, Yes, in the military court, the accused is provided with a lawyer and all the relevant material.

Justice Jamal Mandokhel asked if a soldier kills his officer, where will the case go? Khawaja Haris replied that the murder case would be heard in a general court. Later, the Supreme Court's constitutional bench adjourned the case until Friday.