Military courts should be limited to army personnel, says Hamid Khan
Pakistan
Hamid Khan says military courts can function only for army personnel
ISLAMABAD (Dunya News) - The representative of the Lahore High Court (LHC) Bar and Imran Khan’s counsel Hamid Khan completed his arguments against the trial of civilians in the military courts.
The hearing was resumed by a seven-member constitutional bench spearheaded by Justice Aminuddin Khan with the appeal against trial of civilians in the military courts.
Supreme Court Justice Jamal Khan Mandokhail said the problem is not about the trial of civilians in military courts but the problem is what will the state do if civilians commit crimes that fall under the jurisdiction of Army Act?
“Can the jurisdiction of the Army Act be extended to civilians for committing crimes listed in the Army Act?” Justice Mandokhail raised a question.
LHC Bar lawyer Hamid Khan said the provisions included in the Army Act under which civilians are tried are unconstitutional. “Now I will explain Article 175(3) of the Constitution in my arguments. It is clearly written in the Constitution that the judiciary shall be separate from the executive,” he added.
“Tell me who was to separate the judiciary from the executive?” Justice Mandokhail asked and added, “Under Article 175(3), will the judiciary be automatically considered separate from the executive? Or will the judiciary or the parliament declare the separation of the judiciary from the executive?”
The Constitution is pretty much clear on this matter, there is no need for a declaration by parliament," Hamid Khan said.
Justice Muhammad Ali Mazhar said, “The majority decision said that military courts do not fall under Article 175(3). The Supreme Court decision looked at military courts in a historical perspective.”
Also Read: Military courts should be limited to army personnel, says Hamid Khan
Justice Mandokhail said, “According to you, under Article 175(3), the judiciary will automatically be considered separate from the executive. This means that after 14 years of this article, military courts cannot exist even for soldiers.
Hamid Khan reiterated, “These (Military) courts can function only for members of the army.”
Justice Mazhar added, “If so, then you will have to admit that military courts are a parallel judicial system,” adding that it is very important that Article 175(3) has to be clear in this matter.
The Constitutional Bench adjourned hearing of case until 11:30am tomorrow.
