Civilians’ military trial: judge asks is crime of May 9 more serious than terrorism incidents
Justice Hasan Azhar Rizvi, one of the seven judges of the Supreme Court’s constitutional bench, asked on Thursday if the crime of May 9 was more serious than terrorism incidents.
He said this during the hearing of intra-court appeals against military courts.
A seven-judge constitutional bench, led by Justice Khan, is currently reviewing a series of intra-court appeals challenging the October 23, 2023, decision made by a five-judge bench. This earlier ruling annulled the military court trials of civilians who were implicated in the violence that occurred on May 9.
Defence ministry counsel Khawaja Haris completed his arguments.
In the previous hearing, Haris submitted military trial records in white envelope folders to the constitutional bench, stating that the court should review the trial procedures. Seven copies of the military trial records were provided to all seven judges of the constitutional bench.
At the outset of the hearing on Thursday, Justice Jamal Khan Mandokhail clarified his earlier observations, responding to reports that suggested he claimed two judges could dismiss the decision of eight judges. He noted that many retired judges had contacted him regarding the news.
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.”
More to follow…
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