If citizen is convicted of offense under Army Act, there will be a trial, says Constitutional bench

71
If citizen is convicted of offense under Army Act, there will be a trial, says Constitutional bench
File photo.

During the case of trial of civilians in military courts in the Supreme Court, the apex court has said that nothing will happen to the citizen if he stands outside the checkpoint, if the citizen is convicted of the crime listed in the Army Act, there will be a trial.

The Constitutional Bench of the Supreme Court heard the appeal against the verdict of the trial of the civilians in the military courts, in which defence ministry lawyer Khawaja Haris gave arguments.

Khawaja Haris said that the Supreme Court declared in the past that a civilian court under the army can be court-martial. The appeal has been filed on behalf of the Ministry of Defence. Justice Jamal Mandokhel asked, “Is the Ministry of Defence an executive body?” If there is any crime against the executive, can he decide as a judge himself?

Justice Jamal remarked that the constitution is clear that the executive cannot play the role of the judiciary. In the case of military courts, the basic constitutional question is, how can the executive become a judge when there is a legal forum? On this, the lawyer of the Ministry of Defense said that you are right.

Justice Musarat said that the trial of a civilian is being done by widening the powers, the question is whether a trial of a civilian can be done or not.