- Advertisement -
ISLAMABAD, Jan 16 (APP):Supreme Court has directed Counsel for the Ministry of Defense to produce all record of the trials in the Military Courts enabling the court to examine either requirements of fair trials under Article 10-A of the Constitution are kept in mind or not?
The seven-member constitutional bench of the Supreme Court of Pakistan, headed by Justice Amin ud Din Khan was conducting the proceedings on 8th day.
Counsel for the Ministry of Defense Advocate Khwaja Haris argued before the court that all petitions against the trial of civilians in military courts will stand disqualified and out of jurisdictions if the court declares section D-1 and D-2 of the Army act valid. All legal parameters and requirements of justice are taken care of in the trial of civilians in military courts.
Justice Hasan Azhar Rizvi remarked that the Court has already asked for the record of the trials in military court that were not provided.
Counsel for the Ministry of Defense responded that record of one trial will be provided to establish that requirements of fair trial are met. However, the high court and Supreme Court can’t examine the evidence on merit. All the petitions are out of the jurisdiction under Article 8(3) and 8(5).
Khwaja Haris argued that concept of fair trial always existed however, Article 10 of the Constitution introduced in 2010 made the right of fair trial clear for once and all time.
The Court had directed the Counsel to conclude his argument by previous Monday and today (Thursday) after asked by the court for concluding the arguments, the Counsel said he will try to complete it by tomorrow.
The Court then adjourned the proceedings to be continued tomorrow.