The Constitutional Bank of the Supreme Court (SC) wondered on Wednesday what was the problem of giving civilians the right to appeal.
These observations were made when the Constitutional Bank resumed its hearing on a set of Intra-Court appeals against the order of five judges of October 23, 2023 that annuls the judgment of civilians by military courts involved in the disturbances of May 9, 2023.
The Bank of Seven Judges was headed by Judge Aminuddin Khan and included Judges Commandkhail, Muhammad Ali Mazhar, Naeem Akhtar Afghan, Shahid Bilal Hassan, Hasan Azhar Rizvi and Musarrat Hilali.
The bank had asked the Pakistan Attorney General (AGP) at the hearing of the previous day to explain his 2023 statement about the grant of the right to appeal to those convicted by the military courts. The statement made by AGP Mansoor Usman Awan before Bank SC in 2023 arose during the Appeals Hearing. During a hearing on August 2, 2023, the AGP had told a five -judge SC bank that the Government was working on the legislation to give the right of appeal to those convicted of attacking military facilities on May 9.
Judge Hilali commented during today’s hearing: “How can you talk about fair and transparent judgments? [when] Decisions are made in military courts under the shadow of Kalashnikovs. What problem will arise if the government gives civilians the right to appeal?
The Bank of Seven Judges had assumed a set of 38 Intra-Court (ICA) appeals moved by federal and provincial governments, as well as the Shuhada Baluchistan forum, etc. against the verdict of October 23, 2023 of SC.
The audience
Agp Awam appeared in the Court and took the position he had learned from the additional attorney general AAMIR Rehman that the court had convened it.
“When a judgment of the Martial Court is held, there is a complete procedure. All the registration of how a military trial is made is with the court.
“If someone is sentenced to death, it is not implemented until a decision is made on the appeal,” he said.
Judge Commandkhel said the judges were discussing the right to appeal since it was a fundamental right. He said that fundamental rights were provided in the Constitution and that was the problem before the bank at this time.
The AGP replied that when this matter had previously appeared before a complete court, the court itself had given three options.
Judge Commandkhel replied that those three options were still there and asked Agp Awan to respond whether there was the right to appeal or not.
Judge Commandkhel continued: “If someone is entitled to a fair trial, what is the problem? The institution itself is the plaintiff; how can you hear the case?
“The Federation and the provinces have no confidence in their institutions? If the courts are abolished, what will happen?” He questioned. “People trust us only 50 percent due to our decisions. What will happen if the courts are abolished?”
Agp Awan replied that both he and the judges were part of the judicial system and needed to fix the system together.
Meanwhile, Judge Rizvi said that “those who carry out judgments in the military courts would not even know the Law of Evidence (Qanoon-E-Shahadat), the evidence can be judged badly in the military courts.”
Judge Hilali asked the AGP how he could talk about fair and transparent judgments when “decisions are made in military courts under the shadow of Kalashnikovs. What problem will arise if the government gives civilians the right to appeal?”
Judge Commandkhel added here: “We cannot even see the trial records of the military courts. Is the government giving the right to appeal or not?”
Judge Afghan commented that a constitutional amendment should have been promulgated for the martial court of civilians.
Judge Commandkhel reiterated that the matter was not how serious the crime was. “It can be a serious and horrible crime. If a terrorist also commits a crime, are there fundamental rights or not?” He questioned the state councils.
In this, the lawyer of the Ministry of Defense, Khawaja Haris Ahmed, said that even military personnel had their fundamental rights suspended, asking if they were not yet Pakistani citizens despite that.
Judge Commandkhel commented that the members of the Army registered in the armed forces of their own will.
“Those who join know that fundamental rights will be suspended. The suspension of fundamental rights is linked to the crime. It is also the election of a soldier if to commit a crime or not,” said the judge.
The court postponed the hearing until tomorrow.
