April 9, 2025
By Rana Malhi
ISLAMABAD
During the intra court appeal against the decision to try civilians in military courts, Attorney General Mansoor Usman Awan appeared before the court for Wednesday proceedings.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, is hearing the case.
Presenting his arguments, the Attorney General said that there is a complete procedure when a court-martial trial takes place, and the full record of how military trials are conducted is available with the court. He added that if someone is sentenced to death, the execution is not carried out until the appeal process has been concluded.
Justice Jamal Khan Mandokhail remarked that the court was discussing the right to appeal because it is a fundamental right. In response, the Awan said he would comment after Khawaja Haris completed his arguments.
He also referenced the Kulbhushan Jadhav case, saying that it was a case of a different nature. “Article 3 of the Constitution clearly outlines the right to a fair trial and legal counsel,” he said. “The matter currently before the court is one of fundamental rights.”
Justice Mandokhail said that when this matter previously came before full court, it was after the 18th Amendment, and the court itself had suggested three options at the time. He asked whether those three options were still available and whether civilians were being granted the right to appeal.
“If we grant someone the right to a fair trial, then what is the issue with that?”
Justice Musarrat Hilali questioned how an institution that itself was the complainant could conduct the trial?
Justice Mandokhail asked whether the federal and provincial governments do not trust their own institutions. He said that everyone was a part of the judicial system, and we need to work together to improve it.
The Attorney General informed the court that if the arguments by Khawaja Haris concluded today then he would present his arguments the next day.
Meanwhile, Khawaja Haris stated that he would present his arguments on Articles 245 and 175 together. He added that even in the Civil Service Act, the right to appeal was not available. To this, Justice Hasan Azhar Rizvi replied that there was a departmental service tribunal within the Civil Service Act.
Justice Mandokhail pointed out that even in the Criminal Procedure Code, there are four to five forums available for appeal, and all of these exist to ensure that no one is unjustly punished.
He said that court-martials take place all over the world, but the real issue is whether civilians can also be brought within this jurisdiction. He further said that the purpose of court-martials is to maintain discipline, but the direction we are heading in is a different matter altogether.
Justice Hasan Azhar Rizvi expressed concerns, stating that those who conduct trials in military courts may not even have knowledge of the law of evidence. He added that evidence could be misinterpreted in military courts.
Justice Musarrat Hilali questioned the Attorney General: “How can you talk about justice and transparent trials? In military courts, decisions are made with Kalashnikovs at the ready, and no one is allowed to speak. If the government grants civilians the right to appeal, what problem can arise from that?” she asked.
Justice Mandokhail stated that even the record of military court trials cannot be shown to the court.
He raised more questions.
“Is the government granting the right to appeal or not? Can the complainant themselves conduct the trial? Are we trying to abolish all institutions?”
He said that public trust in the country’s courts was already down by 50 percent—if the courts themselves cease to exist, then what would happen?
The court adjourned the hearing of the intra-court appeal until tomorrow. Khawaja Haris will continue his rebuttal arguments tomorrow, and he is expected to conclude them. The hearing may be completed within this week.