Courts focus on fair trials, terrorism control lies with parliament: Justice Mandokhail
Pakistan
Court made remarks while hearing case about civilians trial in military courts
ISLAMABAD (Dunya News) – Justice Jamal Mandokhail of Supreme Court has remarked that the courts are only responsible for ensuring trials are conducted according to the Constitution, while the responsibility to combat terrorism lies with the Parliament.
He made these comments during the hearing of the case concerning the trial of civilians in military courts.
Justice Mandokhail made the remarks during a hearing of petitions challenging the Supreme Court’s earlier ruling which had declared the trial of civilians in military courts as unconstitutional. A seven-member larger bench, headed by Justice Aminuddin Khan, heard the case. The bench also comprised Justices Jamal Khan Mandokhail, Musarrat Hilali, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Shahid Bilal.
During the proceedings, Khawaja Haris, counsel for the Ministry of Defence, continued his rebuttal arguments. He contended that under certain circumstances — such as when a civilian damages military installations or commits theft of military equipment — the provisions of the Army Act would be applicable.
Justice Mandokhail interjected, pointing out that every criminal act begins with an FIR. “The question here is about the forum of the trial,” he said. “How is the FIR registered? Who conducts the investigation? What is the procedure? — these are questions we seek clarity on.”
Justice Muhammad Ali Mazhar said that registration of an FIR is a legal prerequisite before an arrest can take place.
Justice Hasan Azhar Rizvi noted that upon arrest, an individual must be presented before a magistrate. Justice Mandokhail added that under Section 2(d) of the Army Act, an accused becomes subject to court-martial only after the charges are formally framed.
Khawaja Haris maintained that the Constitution grants exclusive jurisdiction to court-martials under its own scheme, which is distinct from regular courts.
To this, Justice Mandokhail asked, “According to you, military courts do not fall under Article 175. Under which provision of the Constitution do these courts then operate?”
In response, Haris referred to several past judgments that had upheld the legitimacy of court-martials.
Reiterating his stance, Justice Mandokhail said, “It is the role of the judiciary to ensure that trials adhere to constitutional standards. The responsibility to combat terrorism lies with Parliament. If courts begin to weigh whether a decision would reduce or increase terrorism, then they would be unable to reach a ruling.”
The apex court adjourned the hearing until tomorrow (Tuesday).
