Civilians' trial in mly court: Is May 9 more serious than terrorist attacks: Justice Rizvi
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ISLAMABAD: The 21st amendment decision clearly states that military courts were formed in a war situation. The Constitution had to be amended to try civilians, the justice remarked.
Justice Rizvi observed that the 21st amendment also mentioned attack on Mehran and Kamra bases. Where was the trial of those who attacked the GHQ held, he questioned the counsel.
Two aircraft worth billions of rupees were destroyed [in the attack on Mehran naval aviation base in May 2011]. Is the crime of May 9 more serious than these terrorist attacks? Justice Rizvi asked Advocate Haris.
Headed by Justice Amin-ud-din Khan, the other members of the bench are justices Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Justice Mazhar asked to quote some rules of business or law under which a private lawyer is allowed to represent the government. Advocate Mohmand replied that there are Supreme Court decisions in which private lawyers are allowed. Justice Mandokhail asked him to read paragraph 122 of the 21st Constitutional Amendment decision.
The crimes of attacks on military installations were allowed to be tried in military courts for four years. Initially, the provision was for two years and it was extended for two years. Justice Amin-ud-din Khan remarked that the Official Secrets Act was amended to include crimes. Justice Mandokhail said that Section 21 D 2 was not discussed in any court decision.
The section is for specific individuals, while the Official Secrets Act applies to all citizens of the country without discrimination. Justice Hilali asked whether there should be difference between a civilian accused and an accused serving with the forces.
She added that the Constitution protects the fundamental rights of a civilian; the constitution is the supreme law. Later, the court adjourned the hearing until today (Friday).
Published in The Daily National Courier, January, 31 2025
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