KARACHI: Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia (TTA) warned that ball is in court of COAS General Asim Munir either to act as per law or close this matter saving his few people from agony.

Senior lawyer said May 9 episode is heinous crime and its logical conclusion ensuring Article 10-A is unavoidable. He advised Chief of Army Staff General Asim Munir that realising seriousness of May 9 episode to take it to its logical conclusion must act swiftly otherwise delay defeats Justice.

He referring Supreme Court proceeding regarding civilian trial through Military Courts said Supreme Court’s exercise is in futile because in presence of Army Act and rules no relief can be given accept an observation directing President or government to provide second appeal to be heard by High Court bench of two judges or more.

Practically stay granted by SC is injurious to fundamental rights of accused civilians because Constitution has guaranteed Under Article 10-A fair trial and due process.

He said if we compare military justice strictly as provided Under Army Act and its rules with trial by civil Courts we find no injustice. On other hand if during military trial legal practice and procedure is ignored to achieve predetermined object then our superior Courts are fully authorised to review it under Constitution but unfortunately Superior Courts are negligent purposely to exercise constitutional Jurisdiction and provide justice to citizen on one hand and on other hand keep military setup to remain within parameters of constitutional law.

Published in The Daily National Courier, September, 08 2023

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