SC dismisses plea to allow military courts to announce verdict
SC, military courts
ISLAMABAD (Suno News): The Supreme Court’s (SC) Constitutional Bench on Monday rejected the government’s application to allow military courts to announce the verdict.

 A seven-judge bench, led by Justice Aminuddin Khan, conducted the hearing of the case.

Other members of the bench were Justice Musarrat Hilali, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Bilal Hassan, and Justice Naeem Akhtar Afghan.

"If we give permission to the military courts to announce verdicts, it will tantamount to recognise the authority of military courts," Justice Musarrat Hilali remarked.

During the hearing, Defence Ministry’s Counsel Khawaja Haris argued that the two categories of civilians can be tried in military court, saying that there is a delicate and unoriginal difference between security official and a civilian.

The lawyer Haris went on to say that those civilians working in armed forces can be tried in military courts and maintained that those who carried out attacks on military installations can be tried in military court.

Justice Hilali inquired that whether the corps commander’s house is part of military installation. The counsel replied that the officials of armed forces’ houses have sensitive documents.

During the hearing, a famous journalist and TV personality Hafeez Ullah Niazi took to rostrum, telling the court that his son was under the custody of military for one and half year. Niazi requested the court to order the sending of his son to jail.

The Constitutional Bench struck down Niazi’s request. Justice Aminddin Khan remarked that the court would hear the case on regular basis.

In addition, bench dismissed the plea of former Chief justice Jawad S Khawaja and imposed Rs20,000 fine. Former Chief Justice filed a plea seeking the delay of the hearings of the cases regarding the trial of civilians in military courts till the 26th Constitutional Amendment issue was decided.

During the hearing, the court questioned Khawaja s counsel if he recognised the constitutional bench or not.

The counsel replied: "I do not accept the jurisdiction of the constitutional bench made after passage of the 26th Constitutional Amendment."

Justice Mandokhail expressed displeasure upon his reply, remarking that ‘you may leave court.’