SC To Continue Proceedings On Trial Of Civilians In Military Courts

SC to continue proceedings on trial of civilians in military courts

ISLAMABAD, (UrduPoint / Pakistan Point News - 13th Jan, 2025) The Supreme Court of Pakistan has directed Counsel for the Ministry of Defense to conclude his arguments and adjourned the hearing of the petitions regarding the trial of civilians in military courts for Tuesday.

The seven-member Constitutional Bench of the Supreme Court, headed by Justice Amin ud Din Khan continued the hearing for the fifth day. Other Members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.

Arguments of the Counsel of the Ministry of Defense Advocate Khwaja Haris continued for the fifth day. He argued before the Court that trial of civilian in military court is conducted under Section 31 of the Army Act.

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The Supreme Court has, however, suspended Section 59 (4). He said that the Constitution recognizes military courts.

Justice Musarrat Hilali remarked that the Constitution recognizes several tribunals, but there is a need to examine how the proceedings are conducted. "Who is conducting the trial? Is there any punishment for suspending the Constitution? What if an Army officer were to suspend the Constitution?", he questioned.

‘Article six of the Constitution deals with the suspension of the Constitution’, responded Khwaja Haris saying that Article six of the Constitution is superior to other laws. The Army Act, however, deals with violation of the oath taken by the officials, he said.

The court adjourned further proceedings to be held tomorrow and directed Advocate Khwaja Haris to conclude his argument.

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