ISLAMABAD’:
The Constitutional Bench (CB) of the Supreme Court on Wednesday remarked that how an institution could hear a case when the institution itself was the complainant, as the judges raised the query whether the Federation and the provinces trusted their own institutions.
A seven-member Constitutional Bench, led by Justice Aminuddin Khan, heard the intra-court appeals against the apex court’s ruling that declared the military trial of the civilians as null and void. During the hearing, the court heard the attorney general for Pakistan (AGP).
The bench also included Justice Jamal Khan Mandokhail, Justice Mussarat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal. AGP Mansoor Awan appeared in court.
The AGP said that there was a complete procedure for the court martial trial, adding that entire record was with the court as to how a military trial was conducted. He explained that if someone was sentenced to death, the decision would not be implemented until the appeal against it was decided.
Justice Mandokhel said that the appeal was a fundamental right, adding that the fundamental rights were available in the Constitution. He then asked the AGP whether or not there was the right to appeal at present.
Justice Mazhar asked the AGP If the court gave someone the right to a fair trial, what was the problem. Justice Mandokhail remarked that when the institution itself was the complainant, how it could hear the case.
The AGP replied that when Khawaja Haris completes his arguments in the case, he would try to complete his arguments as soon as possible. Later the court adjourned further hearing of the case until Thursday (today).
