Refusal to provide military court records sparks SC’s stern remarks

Justice Hassan Azhar Rizvi remarked that under natural justice, no one could be punished without being heard.A seven-member constitutional bench, led by Justice Amin-ud-Din Khan, is hearing the case of an intra-court appeal against the trial of civilians in military courts. The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.Arguments are being presented by Ministry of Defence’s counsel, Khawaja Haris.Continuing his arguments, Khawaja Haris contended that if Section 2(d)(1) of the law is upheld, then the petitions challenging military trials would be inadmissible. He emphasized that military trials followed a complete procedural framework.Justice Rizvi remarked that the court had requested the records of military trial cases to examine how evidence was used to reach decisions. He criticized the government counsel’s refusal to provide the requested records, stating it was inappropriate.Khawaja Haris assured the court that they would present the record of one case for review.Justice Mazhar highlighted the court’s interest in ensuring that the fair trial standards were met in military courts.Justice Rizvi clarified that the court does not intend to discuss the evidence but merely wanted to examine whether the trial adhered to the principles of fairness. He reiterated that natural justice demanded that no one could be sentenced without being heard.The defense counsel argued that if the legal provisions were found valid, then the petitions challenging military trials would become inadmissible, and the judiciary could not review sentences based on fundamental rights.