Suspect cannot be tried in military court unless crime is committed under Army Act: Justice Mandokhail
Pakistan
A seven-member constitutional bench headed by Justice Amin-ud-Din Khan is hearing appeals
ISLAMABAD (Dunya News) – Justice Jamal Khan Mandokhail on Tuesday remarked that unless the crime is proven according to the Army Act, a suspect cannot be tried in a military court.
Justice Mandokhail gave this remark during hearing of intra-court appeals against the trials of civilians in military courts.
A seven-member constitutional bench headed by Justice Amin-ud-Din Khan is hearing appeals. The bench included justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Counsel for the Defense Ministry Khawaja Haris, while continuing his arguments, informed the court about the charges framed under the Army Act in the FIR.
Justice Rizvi asked him who conducts an inquiry under the Army Act. Advocate Haris said that the inquiry is conducted by the Commandant Officer after the charges are framed.
Justice Hilali asked how an inquiry is conducted after an indictment is filed? Advocate Haris replied that an investigation is conducted on the basis of the charge.
Justice Mandokhail remarked that unless there is an accusation, a suspect cannot be called a perpetrator under the Army Act.
Justice Hilali asked him whether judges in military courts are in uniform. He replied in the affirmative.
The justice remarked how a military officer in uniform can be impartial as a judge. The counsel retorted that even you are wearing a uniform. There was a laughter in the court over his remark.
Justice Mandokhail remarked that you mean to say that there is no difference between black and khaki uniforms.
The justice observed that first the charge was framed. Then investigation was conducted based on the charge. The same thing happened in the F.B. Ali case. Unless it is proven that the crime is committed under the Army Act, it will not be tried in the military court.
Justice Mandokhail remarked that there is no doubt that what you are reading is the law. No matter how strict this law is, will it be applicable to civilians?
Justice Mazhar asked him whether the laws he is talking about are actually implemented. The counsel replied that before the start of trial, the accused is asked whether he has any objections to the judge.
Justice Hilali remarked that even today, questions are being raised about the judges. Advocate Haris said that the decisions of the court martial are made by the majority.
Later, the hearing of the case was adjourned until tomorrow.
