Stopping a military officer from performing duty falls under anti-terrorism law: Justice Mandokhail
Pakistan
Justice Hilali questioned whether military courts were constituted under Article 175
ISLAMABAD (Dunya News) – Justice Jamal Khan Mandokhail on Wednesday observed that the crime of obstructing the a military officer from performing duty falls under the Anti-Terrorism Act’
Justice Mandokhail gave the observation during the hearing of intra-court appeal against trial of civilians in military courts by the constitutional bench of the Supreme Court. A seven-member bench headed by Justice Amin-ud-Din Khan and including Jsutice Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
The justice remarked that the second crime in the May 9 mayhem falls under the Official Secrets Act.
Justice Hilali remarked that courts are constituted under Article 175. Have military courts been formed under Article 175?
Justice Mandokhail questioned whether any forum that is not constituted under Article 175 can try civilians?
Justice Mazhar remarked that the Army Act is exclusively for members of the Pakistani Armed Forces.
Counsel for Defense Ministry Khawaja Haris submitted that the Constitution of Pakistan provides that the Army Act is for the discipline and performance of duties of the armed forces. “Let me tell you that there was no anti-terrorism crime committed on May 9.”
He said that Article 8 ensures that the armed forces can perform their duties without any obstruction.
Justice Mandokhail remarked that the question of fundamental rights has arisen in the FB Ali case. “Even if we agree with the decision, we can give our opinion separately.”
Advocate Haris argued that the FB Ali case was challenged on the ground that fundamental rights were being violated.
Later, the hearing of the case was adjourned untill tomorrow.
