Islamabad: Judge Naeem Akhtar Afghan, a member of the cases of hearing of the Constitutional Bank of the Supreme Court related to the military trial of civilians, raised concerns on Thursday on an unusual discrepancy, the possibility of a possibility of a shopping center, a court of the court A commercial crop, residence of the court court, a commercial court.
“To say that civilians are subject to the Law of the Army of Pakistan (PAA) 1952 and could be tried by the Military Court if Nexus is established by their role that affects the discipline of the Armed Forces is a very dangerous proposal,” said the Afghan judge. He said that each cliff area has been notified as a forbidden area, but pointed out that for the welfare of the soldiers, the shopping centers, including private residence, have been established within such areas.
In the event that a civilian tried to enter an area of force -to -decline by declining permission to do so, he can face cases under the year and could be tried by a military court, the Afghan judge observed.
Directed by Judge Aminuddin Khan, the CB of seven judges has taken 38 Intra-Court appeals moved by the governments, the Shuhada Baluchistan forum, etc., against the judgment of October 23, 2023.
This will be an anomalous situation since civilians trying to enter an area of acantonation may not have an adequate passage and security guards can deny the entrance, he observed.
Given this, Judge Jamal Khan Commandkhail remembered how he was not allowed to enter an area of acantonation for not having a pass. He also recalled how civilians without entry passes face difficulties simply from entering an area where there is an artillery installation.
To define the link between a person and the defense of the country, it has a very broad connotation, the observed command Khail, also highlighting that institutions such as Parliament, the Supreme Court, the airports or the railway stations are also within the definition of prohibited areas.
However, Khawaja Haris Ahmed, on behalf of the Ministry of Defense, argued that the Government always notifies the areas forbidden by having defense work, installation of arsenal, wireless or signal station, etc., and that these were not general areas.
Each institution has a peculiar definition, but the country’s defense is always related to the armed forces, he emphasized, adding that there were certain offenses that were more serious. He pointed out that there were many statutes such as the NAB law where the responsibility of proveing innocence lies in the accused.
For an observation about the trial or prison trial by the civil courts through video links, he said that many criminals were so dangerous that they cannot be tried in civil courts.
Judge Syed Hasan Azhar Rizvi recalled that there were many cliffs in Karachi, but only Malir Cantt and the Creek area were forbidden to have sensitive facilities. Even five or six judges live within Karachi’s cliffs that were not prohibited.
Fair judgment
Judge Commandkhail observed that the composition of the Martial Court was something that raises concerns, especially after article 10 that requests a fair trial. Even for the trial of the members of the Armed Forces, an independent forum must be established.
The real question is whether any court that is not under the scope of article 175 (3) of the Constitution could be established, Judge Commandkhail observed.
The lawyer said that the fact that fundamental rights such as article 9, 25 or 203 will not be available for defendants who face military judgments, but the Constitution has created a clear exception that was also indicated by the largest previous bank of the SC.
It is for the Legislature to consider this aspect, especially in view of the war that has been complicated and left the armed forces in a state of war even during peace time.
The lawyer said that any threat to the state of preparation of the armed forces by any civilian who commits any of the crimes under years inevitably has the effect of preventing them or preventing them in the proper discharge of their duties.
It is for this reason that the judgments of such civilians fall directly within the scope of the PAA in the present case related to the members of the Armed Forces, which have been made to guarantee the proper discharge of their duties. As such, when these civilians are accused of any of the crimes that fall under the provisions of section 2 (1) (d), the trial against them takes place in terms of Paa and, therefore, covered by article 8 (3) (a) of the Constitution, said the lawyer.
The case will now take place on Tuesday.
Posted in Dawn, April 11, 2025
