ISLAMABAD (Dunya News) - Supreme Court’s Justice Jamal Khan Mandokhail raised questions over the legitimacy of trying civilians under the armed forces' disciplinary framework.
His remarks came during the hearing of intra-court appeals against military courts’ decisions.
The seven-member constitutional bench of Supreme Court conducted the hearing.
The bench was led by Justice Aminuddin Khan. Other members of the bench included Justice Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali and Justice Shahid Bilal Hassan.
Senior lawyer Khawaja Haris represented the federal government in the case.
During the hearing, Justice Musarrat Hilali said that the copies of FIRs of those detained by the military courts were not provided to the Supreme Court.
Justice Jamal Khan Mandokhail gave remarks that the entire case revolved around the Article 8.
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“How a civilian can be tried under the discipline of armed forces,” questioned Justice Mandokhail.
He remarked that the discipline of agriculture department would be applicable if a person is employed in the same department.
“Will it not be the violation of Article 8 to bring a civilian in the military trial,” Justice Mandokhail remarked.
Advocate Khawaja Haris said that civilians can be tried under Army Act in some specific cases.
Earlier on Monday, the constitutional bench had dismissed the federal government's plea seeking permission for the military courts to announce verdicts of civilians' cases.
"If we give permission to the military courts to announce verdicts, it will amount to recognising the authority of military courts," contended Justice Musarrat Hilali.