ISLAMABAD – Counsel for Ministry of Defence Khawaja Haris on Thursday concluded his arguments during hearing of an intra-court appeal against the military trials of the civilians at the Supreme Court of Pakistan.
A SC seven-member bench led by Justice Aminuddin Khan took up the matter.
Khawaja Haris argued that the military courts operate under a separate and recognized legal framework, distinct from those mentioned in Article 175 of the Constitution.
Justice Jamal Mandokhail remarked that his comments were about individuals, not judges, questioning court decisions. He said the 21st Constitutional Amendment was introduced during wartime conditions.
Khawaja Haris argued that the amendment was necessary because certain crimes were not covered under the Army Act.
Justice Muhammad Ali Mazhar inquired about the definition of “nexus” in this context, suggesting it could mean a connection, conspiracy, or espionage, while Haris defined it as interference in defense operations.
Justice Jamal Khan Mandokhail remarked on delays in justice, citing a case where a person was released after 34 years, questioning the effectiveness of such delayed justice.
Justice Hassan Azhar Rizvi referred to past attacks on sensitive military installations like GHQ and Mehran Airbase, asking whether trials for such incidents were conducted in military courts or anti-terrorism courts.
Khawaja Haris confirmed that the GHQ attack trial was held in a military court before the 21st Amendment. Additional Attorney General Aamir Rehman added that the perpetrators of the Mehran Airbase attack were killed on-site, eliminating the need for military trials.
With this, Khawaja Haris concluded his arguments, and the court adjourned the hearing until 11:30am. AAG Aamir Rehman and the Balochistan government’s counsel stated they would rely on Haris’ arguments and present their counter-arguments later.
Justice Jamal Khan Mandokhail directed the Balochistan government’s counsel to clarify how the court’s decision would impact them.
Justice Mandokhail asked the Balochistan government’s counsel to explain how the court’s decision would affect them.
Justice Mandokhail referred to paragraph 122 of the 21st Constitutional Amendment ruling, stating that crimes related to attacks on military installations were included for four years—initially for two years, later extended by another two.
The judge questioned whether Section 2(1)(d)(ii) of the Army Act was still in effect under the amendment.
Justice Aminuddin Khan said that an amendment was introduced to include offenses under the Official Secrets Act.
Justice Mandokhail remarked that Section 2(1)(d)(ii) had not been debated in any court ruling and applied only to specific individuals, whereas the Official Secrets Act applied indiscriminately to all citizens.
After a break, the hearing started as Balochistan government’s Counsel Sikandar Bashir Mohmand took to the rostrum.
Justice Mandokhail questioned his authority to represent the provincial government. Justice Muhammad Ali Mazhar further asked for legal provisions or business rules allowing a private lawyer to represent a government entity.
In response, the counsel contended that Supreme Court precedents existed permitting the appointment of private lawyers for government representation.
