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Thursday, February 20, 2025  
21 Shaban 1446  

Military trial of civilians: Justice Mandokhail clarifies previous observations

A seven-member constitutional bench is hearing the case, led by Justice Ameenuddin Khan
A file photo of Justice Jamal Mandokhail. Photo via Supreme Court
A file photo of Justice Jamal Mandokhail. Photo via Supreme Court

Justice Jamal Khan Mandokhail provided clarification on Thursday regarding observations made the previous day during the hearing of intra-court appeals against civilian trials in military courts.

A seven-member constitutional bench of the Supreme Court, led by Justice Aminuddin Khan, listened to the arguments presented by the counsel for the Ministry of Defence, Khawaja Haris, who completed his arguments during the session.

As the hearing commenced, Justice Mandokhail addressed the confusion arising from his earlier remarks. He noted that while he was not concerned about media interpretations, some retired judges had reached out to him for clarification.

He explained that a news report had suggested he stated that two judges could dismiss the decision of eight judges. Justice Mandokhail emphasised that his comments were intended to refer to individuals, not the judges themselves, regarding the non-acceptance of the decision made the previous day.

Justice Mandokhail clarified his previous comments regarding the decision of eight judges, stating that he intended to convey that two individuals might casually assert opinions about the verdict in social gatherings.

He noted that some media colleagues reported this incorrectly. He emphasised that the 21st Constitutional Amendment was enacted because the country was in a state of war.

The SC judge remarked that the powers of courts established under Article 175 (establishment and jurisdiction of courts) are “extensive while the jurisdiction of courts formed under specific laws is limited.”

He further highlighted a critical issue, stating that a person received release from the Supreme Court after 34 years. He questioned the benefit of achieving justice after such a long period, emphasising that the court’s primary concern was to ensure that no one’s rights were violated.

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Supreme Court

Justice Jamal Mandokhail