Constitutional bench hears intra-court appeals against civilians’ trial in military courts

An intra-court appeal is ongoing in the Supreme Court (SC) against the trial of civilians in the military courts.A seven-member constitutional bench, headed by Justice Amin-ud-Din Khan, is hearing the case.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 defense ministry’s counsel, Khawaja Haris, is presenting arguments.During the hearing, Khawaja Haris argued that the Army Act and its rules provide a complete procedure for a fair trial.In response, Justice Jamal Mandokhel asked which military trial decision the lawyer agrees with, mentioning that Justices Munib, Ayesha, and Afridi have given separate opinions.Khawaja Haris replied that he does not agree with any of these decisions. Justice Ayesha Malik had deemed Section 2(1)(d)(1) to be against the principle of a fair trial, and Justice Afridi did not comment on the legal sections but stated that decisions by larger benches should be followed.Justice Jamal Mandokhel asked about the majority opinion in the 21st Amendment case. Khawaja Haris responded that the majority was formed by nine judges, and the decision to uphold the 21st Amendment was supported by eight judges, each in their own way.Justice Jamal Mandokhel remarked that the 21st Amendment was upheld by more than eight judges. Khawaja Haris added that the Supreme Court’s decision in the Liaquat Hussain case, with nine judges, confirmed the FB Ali case.Justice Jamal Mandokhel commented that in the 21st Amendment case, the majority of judges had accepted the FB Ali case. Justice Muhammad Ali Mazhar asked if any judge in the 21st Amendment case had expressed an opinion for judicial review of the FB Ali case.Khawaja Haris replied that no judge had said that the decision in the FB Ali case should undergo judicial review.