ISLAMABAD: The Supreme Court’s (SC) Constitutional Bench on Friday conditionally allowed military courts to announce verdicts against 85 accused individuals, ARY News reported.
According to details, the Constitutional Bench headed by Justice Aminuddin Khan ruled that the decisions of the military courts will be subject to the outcome of pending cases in the apex court.
The short order also read that those accused who are eligible for leniency should be released. “Those who cannot be acquitted should be transferred to jails to serve their sentences,” the Constitutional Bench ordered.
During the hearing on Friday, the federal government’s lawyer, Khawaja Haris, continued his arguments and was asked by Justice Jamal Khan Mandokhail as if the Army Act be amended to try everyone into this category?
Justice Muhammad Ali Mazhar inquired about the reasons behind the declaration of certain provisions of the Army Act as unconstitutional.
Justice Jamal Mandokhail also pointed out that the Army Act was enacted before the 1973 Constitution. Khawaja Haris responded that there were flaws in the Supreme Court’s decision.
Justice Jamal Mandokhail remarked, “Don’t disrespect the court’s decision to the extent that you call it flawed.” Khawaja Haris apologised, saying, “My words were not of a legal nature.”
Justice Muhammad Ali Mazhar remarked that the court had also sought the details
of the May 9 incidents during the last hearing. “Currently, the case before us only involves the Core Commander’s House. If the case is to be limited only to the Core Commander’s House, then please clarify this as well,” he remarked.
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The Additional Attorney General informed that all details have been received Friday morning, assuring the court to submit the same through a miscellaneous petition.
Justice Musarrat Hilali asked what would happen to the military courts’ trials under the provisions that have been declared unconstitutional. “Someone must have been punished under these provisions before the May 9 events,” Justice Musarrat Hilali remarked.
Khawaja Haris replied that generally, decisions made under provisions before they are declared unconstitutional are protected.
Justice Jamal Khan Mandokhail remarked that this would be discriminatory towards the accused.
“No one joins the army forcibly. The person joining the army knows that the Army Act will apply to them, and fundamental rights are not available under the Army Act. The Army Act was created to govern the rules and discipline of military employment,” Justice Jamal Khan Mandokhail.
The court adjourned the hearing until after the winter break and allowed the military courts to announce verdicts in 85 cases.
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