ISLAMABAD (NNI): Salman Akram Raja, the counsel for a May 9 convict, said that the Army Act was a ‘black hole’ and that any amendment in it would lead to an infringement upon the rights of individuals.
During the hearing of intra-court appeals filed against declaring the trial of civilians in military courts null and void, the lawyer said the crime committed must be related to the Act.
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
Justice Jamal Khan Mandokhel, on the occasion, asked whether the Army Act would apply in the case of an armed forces officer for committing an offence inside his home.
Raja replied that if any officer flew kites at the rooftop of his house in Punjab, then certainly he would not be tried in a military court. “The law, which applies to civilians, will apply in his case as well,” the lawyer replied.
Addressing Raja, Justice Naeem Akhtar Afghan remarked in a lighter mood that when the PTI, with whom he (Raja) was associated, was in power, the parliament introduced an amendment to the Army Act gleefully.
“At that time I was not in the PTI,” the lawyer responded, adding, “I have always been in the opposition.”
Justice Mandokhel said that when a civil servant committed a crime, he was only terminated from service, and not punished. “It is the opposite in the armed forces where the guilty officer is not only fired but he is also punished.”
Justice Muhammad Ali Mazhar asked if a spy was caught, whether he would also be court-martialled.
Justice Hassan Azhar Rizvi questioned Raja, “Where will the civilian passing on state secrets to an enemy state be tried?”
The lawyer informed he would be tried under the Official Secrets Act. “A complete procedure for a trial has been laid down in the Act,” he explained.
He said he would not give arguments against the law by distorting the facts.
“We have in front of us the Kulbhushan Jadhav’s case,” Raja said and added, “Nowhere in the world a citizen could be deprived of his basic rights guaranteed under the constitution on somebody’s orders.” NNI
