Justice Jamal Khan Mandokhel observed on Thursday that his remarks during the hearing of the intra-court appeals against the trial  of civilians in military courts on Wednesday was misquoted.  Justice Mandokhail is part of a seven-member constitutional bench of the Supreme Court which is hearing the appeals.  Headed by Justice Amin-ud-din Khan, the other members of the bench are justices Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.  The justice observed that his remarks were reported in the media that two judges called the decision of eight judges wrong.

“Many judges contacted me regarding this news. I do not care about the media, but the record should be straight,” Justice Mandokhail added.  He said that he made this statement in a general sense. He had said that two people call the decision of eight judges wrong. “In my yesterday’s observation, I mentioned individuals, not judges. Some media colleagues misquoted it,” the justice clarified.  Continuing his arguments, Defense Ministry's counsel Khawaja Haris Articles 175 of the constitution deals with the setting up and functioning of courts. The military courts do not come under the purview of the article, he added. 

Military courts are formed under a separate law, the counsel said.  Justice Mandokhail observed that the powers of the courts formed under Article 175 are extensive. The jurisdiction of the court formed under a specific law is limited.  The 21st amendment decision clearly states that military courts were formed in a war situation. The constitution had to be amended to try civilians, the justice remarked.  Advocate Haris argued that there was no need for an amendment for the trial of civilians. More crimes were added to the Army Act through the amendment.  Justice Rizvi observed that the 21st amendment also mentioned Mehran and Kamra bases.

Where was the trial of those who attacked the GHQ held, he questioned the counsel.  Two aircraft worth billions of rupees were destroyed [in the attack on Mehran naval aviation base in May 2011]. Is the crime of May 9 more serious than these terrorist attacks? Justice Rizvi asked Advocate Haris.  The counsel replied that all the terrorists who attacked the Mehran base had been killed. Justice Rizvi inquired whether there was no investigation after that; who they were, where they came from and how? Did the file of the Mehran base attack close after the terrorists were killed?

Credit: Independent News Pakistan (INP)