ISLAMABAD, JAN 31: The hearing on the intra-court appeal challenging the decision to conduct trials of civilians in military courts has been postponed until Monday.
Lawyer for Jawad S. Khawaja, Advocate Khawaja Ahmed Hussain, argued that civilians are not subject to the Army Act, which applies to military personnel and civilian employees of the armed forces. He emphasized that the trials of those involved in the May 9 incident should not take place in military courts.
Justice Musarat Hilali remarked that there was a terrorist attack on the Army Public School (APS) and protests on May 9.
She questioned the difference between civilians involved in these two incidents. Advocate Hussain responded that the APS attack was terrorism, following which the 21st Amendment was introduced.
Justice Ameen-ud-Din stated that any law contrary to the Constitution cannot remain valid. The court raised questions regarding the annulment of certain sections of the Army Act.
Justice Jamal Mandokhail remarked, “How can we annul sections that were upheld by the 17-member bench?” Justice Muhammad Ali Mazhar added, “If we do that, cases like Kulbhushan’s might also be affected.” Justice Hassan Azhar Rizvi questioned, “Where will the trial of those who martyr soldiers take place?”
During the hearing, the lawyer for former Chief Justice Jawad S. Khawaja, Advocate Khawaja Ahmed Hussain, referenced the statement issued by the Pakistan Army after the May 9 incident. He argued that the Army cannot provide a fair trial as the military itself is the affected party in these cases.
The court also explored the implications of declaring Section 2(1)(d) of the Army Act unconstitutional, with Justice Muhammad Ali Mazhar highlighting concerns over future trials such as Kulbhushan Jadhav’s case.
Justice Musarat Hilali noted the terrorist attack on the Army Public School and the protests on May 9, questioning the difference between civilians involved in these two incidents. The court deferred the hearing until Monday, with Khawaja Ahmed Hussain set to continue his arguments.
