ISLAMABAD –Supreme Court Justice Aminuddin Khan while addressing Advocate Salman Akram Raja remarked that they have to look at our own laws, not Britain’s.
“This is an unnecessary debate; you are wasting time,” remarked Justice Aminuddin Khan—a member of a SC seven-member Constitutional bench took up the case related to the civilians’ trial in the military courts.
During the hearing, Salman Akram Raja stated that the bench had raised the question regarding the right to appeal against court-martial in India.
He argued that in the UK, courts-martial are not conducted by the military officers but by judges appointed in a manner similar to high courts. He added that a commanding officer can only refer a case to an independent forum if it is of a serious nature.
Justice Aminuddin Khan reiterated, “We have to look at our own laws, not Britain’s. This is an unnecessary debate; you are wasting time,”.
Meanwhile, Justice Musarrat Hilali remarked that the appeals under hearing seek the reinstatement of annulled provisions. She stated that if the court is to review the legal provisions, the international laws must also be considered.
Addressing Salman Akram Raja, she remarked, “Had these provisions not been annulled, your arguments might have been irrelevant, but they are not now,”.
Justice Jamal Mandokhail emphasized that the core question in the case is whether, under the current system, a civilian can be court-martialed.
Salman Akram Raja responded that a court-martial for civilians is not possible under any circumstances.
Justice Muhammad Ali Mazhar remarked that “British law pertains to the discipline of their military.
In this case, the crime was committed by the civilians, so how can it be applied?”
In response, Salman Akram Raja contended that the reference to British law was made in the context of ensuring a fair and independent trial.
