On what basis can a military trial be challenged. Justice Jamal Mandukhel. If there is no competent court. If there is a malicious action or if the authority of the hearing is exceeded. The trial can be challenged, the lawyer of the Ministry of Defense.
ISLAMABAD (Urdupoint Newspaper Latest. 29 January 2025) The Supreme Court is hearing an intra-court appeal against the trial of civilians in military courts. Defense Ministry lawyer Khawaja Haris informed the court that the law provides access to relatives and journalists. Is mentioned but access is not given due to security reasons. A 7-member constitutional bench headed by Justice Aminuddin Khan is conducting the hearing.
Defense counsel Khawaja Haris, arguing on the procedure of military trial under the Army Act. Argued that the Judge Advocate General takes an oath to maintain impartiality. The defense ministry lawyer said that the matter is different. Justice Hasan Azhar Rizvi inquired. That if an accused in a military trial does not have the status of a lawyer.
Defense Ministry counsel said that the Supreme Court cannot examine each case individually in this hearing. He argued that the case of Clause 3 of Article 184 is not before the Supreme Court. The lawyer of the Ministry of Defense said that there is no competent court.
The Ministry of Defense took the stand that the accused. Who does not have the status to act as a lawyer. Is given a lawyer at the government’s expense. Justice Jamal Khan Mandukhel remarked that usually the accused is the favorite child of the court. Is considered to be the favorite child. Advocate Ministry of Defense said that under the rules of the Army Act.
Justice Naeem Akhtar Afghan said that the record contains the entire judicial process. Which records the entire procedure including the evidence. Apart from the May 9 cases, you should also provide some. Examples of the decisions of the military courts in the past. Justice Hasan Azhar Rizvi inquired that apart from foreign spies, if there is a military trial of a civilian. Are journalists and the accused’s relatives allowed access there? Access to journalists is mentioned. But access is not given due to security reasons.
Justice Naeem Akhtar Afghan said that as Chief Justice I have heard appeals against the decision of Balochistan Military Courts. GHQ provides the entire record if the writ appeals to the High Courts.