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ISLAMABAD, Jan 15 (APP):Counsel for the Ministry of Defense Advocate Khawaja Haris has said that the Court has always approved Section 2(1) and D(1) of the Army Act and the Supreme Court has done the same in the case of 21 Constitutional Amendment. Fundamental rights of a citizen can’t be reviewed under Sub Section 3 of Article 8 of the Constitution of Pakistan.
Advocate Haris stated this while arguing before the seven-member Constitutional Bench of the Supreme Court of Pakistan for seventh day of the proceedings. The Bench is headed by Justice Amin ud Din Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.
The Counsel argued that the attackers on Army Public School could not be tried under Military Act but soon after expending the jurisdiction of the Act by the Parliament. The culprits of May 9 riots fall under the jurisdictions of the amended act and their trial under the Army Act is according to the law and the Constitution.
The Counsel further said that 21 Constitutional Amendment was to deal with the defense of Pakistan. It deals with both terrorism and war. Situations, however, in war and peace and in terrorism can differ.
Justice Jamal Mandokhail, while interrupting the Counsel, remarked that 21 Constitutional Amendment was for a particular situation and limited time period. Law did not allowed trial of the attackers, so 21 amendment was introduced.
Khwaja Haris disagreed with the Court and said that the only cause of the 21 amendment was not this. Section 2(1) D(1) was not covering trial of such criminals. To bring them under the jurisdiction of the Act, 21 Amendment was introduced.
Justice Jamal Mandokhail remarked that the court recognizes military courts but wants to see the patch in the velvet.
Justice Hasan Azhar Rizvi, while referring to the disappointment of former Chairman Senate Raza Rabbani over the passage of the 21 amendment, remarked that his tears are also part of history now.
The Court then adjourned the proceedings till tomorrow.