Islamabad: Supreme Court’s Justice Jamal Khan Mandokhail has said that a person could not be tried under the Army Act until the charges against them have been framed. The remarks came during a hearing on intra-court appeals against the trial of civilians in military courts, by an apex court constitutional bench.

The seven-member bench was headed by Justice Aminuddin Khan and comprised Justice Jamal Mandokhel, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal. Defence lawyer Khawaja Haris presented his arguments, explaining the process related to the Army Act and how charges are framed by the police and Federal Investigation Agency. Justice Hilali asked about the procedure of inquiry and registration of the first information report (FIR) after the framing of charges.

Justice Mandokhail remarked that a suspect cannot be tried under the Army Act until the charge is framed. “The framing of charges is necessary,” he added. Justice Hilali then asked if the charges could be framed during the trial. To this, Haris replied that charges as in allegations against the suspect are another thing, while framing of charges or chargesheet during trial is another.