Islamabad:
Supreme Court Justice Hasan Azhar Rizvi emphasized the need for reforms not only in anti-terrorism courts but across all courts to improve the judiciary.
These remarks came during the hearing of an intra-court appeal regarding the trial of civilians in military courts. The seven-member constitutional bench, headed by Justice Aminuddin Khan, raised questions about the distinction between civilians involved in the May 9 riots and those responsible for the December 16 attacks.
Khawaja Ahmad Hussain, the counsel for former Chief Justice Jawad S Khawaja, who opposed military trials, presented arguments. He stated that civilians should not be tried in military courts and clarified that his challenge is only to a specific part of the Army Act, not the entire Act. He pointed out that Justice Muneeb Akhtar had made the same argument in his verdict.
Justice Jamal Khan Mandokhail remarked that there was a dispute over possibilities in the FB Ali case and mentioned a recent viewpoint regarding political parties’ involvement in such actions.
Justice Hilali recalled the court’s earlier conclusion that military trials ensure a fair trial. She raised the question about the difference between those involved in the May 9 riots and the attack on Army Public School.
Khawaja Ahmed Hussain argued that the individuals involved in the APS attack were linked to terrorism and that amendments were made to facilitate their trial.
Justice Rizvi questioned whether the Army Act applies to those who attack airbases, and Hussain referred to the ISPR’s statement about the May 9 incidents, expressing concern about ensuring a fair trial in a military court after such a statement.
Justice Mazhar noted that removing Section 2(1)(d)(2) of the Army Act could affect future cases like Indian spy Kulbhushan Jadhav.
Hussain responded that such cases should be tried in anti-terrorism courts.
Justice Aminuddin expressed concerns about legal contradictions and the implications of striking down a legal provision while allowing exceptions.
Justice Rizvi and Justice Mandokhail discussed the need for reforms in the justice system, especially in light of terrorism issues affecting parts of the country.
The court adjourned the hearing of the case until February 3.
