ISLAMABAD, Jan 29 (NNI): Justice Naeem Akhtar Afghan on Wednesday directed the Ministry of Defense in the case of the trial of civilians in military courts to present reference of the decisions by military courts, apart from the May 9 cases.
Justice Afghan gave the directive during hearing of intra-court appeals against the decisions of civilians’ trial in military courts.
A seven-member bench headed by Justice Amin-ud-Din Khan is hearing the appeals. The bench included justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.
Justice Afghan said that as Chief Justice of Balochistan High Court, he heard appeals against the decisions of military courts. When an appeal comes to the high courts in a writ, the GHQ provides the entire record of the trial.
At the outset of the proceeding, Justice Hilali repeated the question she asked yesterday; whether investigation takes place before indictment?
Justice Mazhar said that investigations are done first and then the charge is made.
Justice Mandokhail inquired on what grounds a trial by military court can be challenged. He posed the question when counsel for the Ministry of Defence Khawaja Haris argued that the court is not hearing a case under Clause 3 of Article 184 of the constitution.
Advocate Haris replied that if the case is before a court not competent to proceed, if the proceedings are carried out with malice or if the authority is exceeded, the trial can be challenged. If an accused in a military court confesses to the crime, he gets exemption under Islamic law, he added.
Justice Mandokhail remarked that a confession takes place before a magistrate.
Justice Rizvi questioned him if an accused in a military trial does not have the capacity to hire the services of a lawyer, is he provided with a lawyer at government expense? Advocate Haris replied the accused is provided a lawyer.
Justice Mandokhail observed that generally an accused is considered the “favorite child” of the court. Is the accused considered as such in the military court as well? The counsel said that under the rules of the Army Act, the accused is given full protection.
Justice Rizvi asked him whether journalists and relatives are given access to the accused in a trial in the military court. Advocate Haris replied that under the law, the accused has the facility, but access is denied due to security reasons. NNI
