Supreme Court Hearing on Military Trials: Key Remarks and Legal Debate
Islamabad During the hearing of an intra-court appeal against the trial of civilians in military Courts, Justice Naeem Akhtar Afghan made notable remarks regarding past amendments to the Army Act.
Justice Naeem Akhtar Afghan’s Observation on PTI-era Legislation
Justice Naeem Akhtar Afghan pointed out that during the PTI regime, Parliament had enthusiastically passed legislation related to the Army Act. His remarks highlighted the political context in which these amendments were made.
Salman Akram Raja’s Arguments on Fundamental Rights
Prominent lawyer Salman Akram Raja argued that:
- The Army Act has long been a controversial subject.
- Any amendments to the Act cannot override fundamental rights.
- The law states that a crime must be directly related to the Army Act for military jurisdiction to apply.
Justice Jamal Khan Mandukhel Questions the Scope of the Army Act
Justice Jamal Khan Mandukhel raised a critical question:
“If a member of the armed forces commits a crime at home, does the Army Act still apply?”
Salman Akram Raja responded with an analogy:
- In Punjab, kite flying is prohibited.
- If a military official flies a kite at home, he will not face a military trial but will be subjected to civilian law.
An Interesting Courtroom Exchange on Domestic Matters
During the hearing, an interesting conversation took place regarding personal matters of army personnel:
- Justice Jamal Khan Mandukhel asked what would happen if an army officer married a second wife without the first wife’s consent.
- Salman Akram Raja humorously questioned whether such a case would also go to a military court.
- Justice Naeem Akhtar Afghan, in a lighthearted tone, noted that legal professionals often have political affiliations and recalled how amendments to the Army Act were made when PTI was in power.
Salman Akram Raja Denies PTI Affiliation During Army Act Amendments
Clarifying his stance, Salman Akram Raja stated that he was not part of PTI when the Army Act was amended. He emphasized that he has always been associated with the opposition.
Conclusion
The Supreme Court’s hearing shed light on key legal questions regarding military trials and fundamental rights. The exchange between the judges and lawyers highlighted political, legal, and ethical concerns surrounding the Army Act’s amendments. The final verdict on this issue remains highly anticipated
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