Islamabad: Main lawyer Salman Akram Raja has expressed his apprehension that he could be arrested and tried in a military court, since he has been hired by the murder of three Rangers personnel during the protest of November 26 of PTI.
He made these comments before the Constitutional Bank of the Supreme Court on Wednesday while representing the father of Arzam Junaid, who was convicted by a military court in relation to the violence of May 9.
“You may have to present my defense to the Military Court about accusations of killing the ranger staff,” said the lawyer.
On Tuesday, the Constitutional Bank of Seven Judges, headed by Judge Amin-Din Khan, resumed the hearing on a set of challenges to the Order of the Supreme Court to annul the military trial of civilians, involved in violence on the 9 May, in October. 2023.
Compare the army trials in Pakistan with India; The judges question the scope of PAA’s provisions on civilians
While hinting at the “arbitrariness of the system,” Raja said it was the “sweet will of the authorities” to prove cases in the military court or in the anti -terrorism court.
During the hearing, the judges continued asking questions about the scope of section 2 (1) (d) (i) and (ii) of the Pakistan army law of 1952.
The provisions indicate that any person outside the reach of the law can be judged by a military court if he seduces or tries to seduce an army staff of his work or commit any crime under the Law of Official Secrets of 1923.
Judge Commandkhail observed that the vices of these provisions were never thoroughly discussed in the FB Ali trial, adding that these provisions were intended to maintain discipline in the Armed Forces.
Judge Syed Hasan Azhar Rizvi asked where the civilian trial would be held, exploited by enemy intelligence agencies to seduce or commit terrorism in the event that sections 2 (1) (d) (i) and (ii) will be left sideways.
During the hearing, Judge Khan referred to the cases of blasphemy, where a SSP level officer must be appointed for the investigation.
He said that there had been a lot of “tone and shout” about the misuse of such laws and emphasized that the laws were never annulled on the basis of mere use.
The lawyer, Mr. Raja, argued that article 175 (3) of the Constitution was applied in all areas and then compared Pakistan with the Indian military justice system, where a court composed of judges retired from the Supreme Court and the Courts Superior and a major general was created to listen to appeals against the military trials of civilians.
The decision of the courts can also be challenged before the Supreme Court of India, he said.
Both Pakistan and India shared a common system of British military justice, but the Indian system has assured the provision of an independent appeal forum, he added.
In India, the military justice system is open for judicial review, said Raja, adding that the courts issue speech orders against which the appeals are available. The military justice system is no longer a dark hole in India. “
However, Judge Muhammad Ali Mazhar observed that the Law of the Army of India has no sections equivalent to sections 2 (1) (d) (i) and (ii) of Paa.
Nor have they eliminated the martial system of the Court even though they have provided the right to appeal through the Court.
In Pakistan, an officer in command summons the martial procedures of the Court, the lawyer replied but admitted that these sections were unique to Pakistan.
The judicial functions must be carried out only by the courts, the lawyer said, and added that when the civil judgments were made by the military courts as made in the cases of May 9, the constitutional guarantee to the just trial under article 10a and Article 175 (3) leaves.
“The heavens will not fall if article 175 (3) is invoked in favor of civilians,” said the lawyer.
Judge Commandkhail questioned whether the court could invoke article 187 by stipulating “full justice” in the appeals under consideration.
In response, the lawyer said that the court always has the power to invoke article 187 to do full justice.
Posted in Dawn, February 5, 2025
