We will compel the army not to take unconstitutional action, Chief Justice
According to the details, a hearing was held in the Supreme Court on the petitions filed against the trials of civilians in military courts.
Judge Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazhar Naqvi, and Justice Ayesha Malik are among the six members of the larger bench, which is presided by Chief Justice Umar Atta Bandial.
After the observations of the Chief Justice on the request of Aitraz Ahsan to take notice of the Official Secret Act Bill, the Attorney General started the arguments.
Judge Muneeb Akhtar stated that a civilian's trial before a military court is similar to a parallel legal system, while Justice Yehia Afridi probed, saying, "Tell me what your position is on Article 175 and Article 175/3."
Justice Ayesha Malik asked whether there is any other provision in the constitution on the basis of which you are talking, on which the Attorney General told the court that court martial does not fall under the category of Article 175, I have noted your question. I take
Justice Muneeb Akhtar said that fundamental human rights cannot be left to the discretion of the legislature, the concept of fundamental human rights is that the state cannot withdraw them even if it wants to.
Justice Ayesha Malik said that access to justice is included in the basic human rights, on which the Attorney General told the court that military courts are like tribunals which are related to armed forces and defense.
Chief Justice Umar Atta Bandial remarked that we are now moving towards the constitutional procedure, how the case goes in the military courts.
Justice Muneeb Akhtar said that fundamental human rights cannot be left to the discretion of the legislators, it cannot be that one parliament includes some offenses in the Army Act and another parliament removes or adds some offences. The Pakistani Constitution guarantees human rights.
Justice Ayesha Malik also said that if military courts are not courts of law, then it is equal to the denial of fundamental rights, under Article 175, High Courts and Supreme Court are mentioned. talks
During the hearing, the Chief Justice said that the law and the constitution have clearly written in the forces, this law is related to the persons who fight against the armed forces.
The Attorney General said on a judicial inquiry that I would like to read the Supreme Court's decision of 2015, the decision also mentions the attack on military installations, on which Justice Muneeb Akhtar remarked that a parallel judicial system has been created for such people. Granted, this closable jurisdiction was given to the military courts so that no one could say why the anti-terrorism courts are not conducting trials.
Justice Yahya Afridi said that this is what I understood that you are saying, military courts do not come under the category of court.
The Chief Justice remarked that you are saying that in the past the constitution had to be amended because the accused were not related to the armed forces, now you are saying that constitutional amendment is not necessary because the current accused and the armed forces There is a relationship between , you have explained well.
Justice Mazahir Naqvi said that the law was made through the 21st constitutional amendment, it is not like that today, on which the Chief Justice said that it is written in the law that the court martial is for those who fight against the country, despite the presence of the law in 2015. When the law was brought, it was not understandable to amend it in the presence of the law.
Justice Umar Atta Bandial said that there should be some standard regarding connection, if you are reducing the basic rights of citizens, then there should be some standard. The members of the bench have been working since June, the basic rights of citizens and Article 3) 8 should be considered.
The Chief Justice further said that the concerns regarding the parallel court system have their place, he will also tell about the parallel court system in his arguments, he gave arguments in the court without any amendment or notification.
In his remarks, the Chief Justice said that the National Assembly is in a hurry, I don't know what will happen, I need one and a half hours more for arguments.
In his arguments, the Attorney General told the court that the matter of giving an appeal is being seriously considered, there are reasons to consider the matter of appeal, to consider spies of enemy countries, terrorists, members of the armed forces in the appeal. Yes, I am making my statement on behalf of the Principal Staff Officer of Headquarters.
The Attorney General said that for the first time in the country's history, something like May 9 happened, in the first movements, there were no attacks on army installations. The only thing the young man can do is shoot in response to an attack.
On which Aitzaz Ahsan said that if it was so then why didn't you fire the shot, the Chief Justice remarked that the assurances given before the court still stand, you have seen the whole situation with your own eyes, who We have respect for those who have helped make the court functional, what happened on May 9 is very serious.
In his remarks, the Chief Justice said that I would never want the army of this country to raise a gun against its citizens, the army is the protector of the borders, the wall of the Mianwali airbase was demolished, there were Meraj planes.
Justice Atta Umar Bandial said that we will oblige the army not to take unconstitutional action, I do not want the Pakistani army to shoot at civilians.
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