Army Act applies only to the army, satisfy the trial procedure in military courts, Justice Jamal Mandokhel

 Whether military officers get basic rights and justice or not, we will take everyone into consideration. During the hearing, Justice Jamal Mandokhel raised questions about the trial procedure in military courts.

Friday, January 10, 2025

Islamabad (UrduPoint News - 10th January 2025) During the hearing of the case of trials of civilians in military courts in the Supreme Court, Justice Jamal Khan Mandokhel remarked that the Army Act applies only to the army, please be satisfied with the trial procedure in military courts, a 7-member constitutional bench headed by Justice Aminuddin Khan is hearing the case related to the trial of civilians in military courts.

The bench includes Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan. The arguments of the Ministry of Defense lawyer Khawaja Haris are ongoing. Justice Jamal Mandokhel said that we will take everyone into account whether military officers get basic rights and justice or not.

During the hearing, Justice Jamal Mandokhel raised questions about the trial procedure in military courts and said that the officer who conducts the trial does not pronounce the verdict himself.

Justice Masrat Hilali remarked that the officer who conducts the trial does not pronounce the verdict himself in the court. The officer conducting the trial sends the case to another senior officer, who pronounces the verdict. How can an officer who has not even heard the trial give a verdict? Justice Jamal Mandokhel said that I have been in this field for 34 years but still do not consider myself complete, this army officer has so much experience and expertise that even death penalty is pronounced.

Lawyer Khawaja Haris said that I will explain the procedure of military trial in full in the second part of the arguments. Justice Jamal Mandokhel remarked that the Army Act applies only to the army, we will take into account whether military officers get basic rights and justice or not. Justice Masrat Hilali raised the question that please also clarify this point that who writes the verdict in the military court? According to my information, someone else hears the case and the commanding officer decides the sentence, how can someone who has not even heard the case decide the sentence?

Justice Naeem Afghan said that “the procedure of trial in special courts under the Army Act is different” and also informed about the stages of the trial in special courts. The defense lawyer said that Jack Branch is assisted in writing the decision. Justice Hassan Azhar Rizvi explained that “the trial in special courts is also like that of a general court and said that “an officer is also appointed as a friend for the accused along with the lawyer. The matter is also being seen in the context of fundamental rights and Article 10A.” Justice Jamal Mandokhel emphasized this.