The Supreme Court of Pakistan on Wednesday continued hearing an intra-court appeal challenging the trial of civilians in military courts.
The seven-member bench - headed by Justice Aminuddin Khan - deliberated on the legality of such trials as the Ministry of Defense presented the military trial records to the constitutional bench.
At the start of the hearing, Ministry of Defense lawyer Khawaja Haris presented the military trial records to the court, neatly placed in white paper envelopes.
Seven copies of the records were handed over to each of the seven judges of the constitutional bench for review. Haris urged the bench to closely examine the procedure followed during the military trials.
As the hearing progressed, Khawaja Haris referred to Article 19, emphasizing the right to freedom of speech, and began his argument.
Justice Musarrat Hilali raised a question regarding whether an investigation is conducted before charges are framed, a query that had also been raised the day before.
Justice Muhammad Ali Mazhar confirmed that investigations are indeed carried out prior to formal charges.
Haris clarified that the law draws a clear distinction between trial and fair trial, noting that additional investigations can take place once charges are formally framed.
The bench also asked about the possibility of an appeal if a conviction is handed down, and what would happen if an accused person does not confess to the crime.
Justice Jamal Khan Mandokhel asked whether any remedies are available against military court decisions, and whether the same punishments are imposed across the board.
Khawaja Haris explained that if an accused person confesses, exemptions are available under Islamic law, but that this differs from confessions made before a magistrate.
Justice Hassan Azhar Rizvi inquired about the provision of legal representation for accused persons in military trials who do not have the status of a lawyer.
Haris confirmed that such individuals are provided with government-appointed lawyers at no cost, ensuring the right to a fair trial.
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The bench also raised concerns about whether journalists and relatives of the accused are given access to military trials. Haris explained that while the law allows such access, security reasons often prevent it in practice.
Justice Naeem Akhtar Afghan, a former Chief Justice of Balochistan, shared his experience of handling military court appeals, emphasizing that when cases are taken to higher courts, the complete trial records, including all evidence, are provided by the GHQ.
He urged the court to consider past military court decisions for a broader understanding.
After a brief recess, Haris resumed his arguments and again presented the military trial records to the bench. He reiterated that the trial procedure should be carefully scrutinized.
Justice Jamal Khan Mandokhel raised concerns about reviewing the records during the appeal, but Justice Aminuddin Khan assured that the ongoing review would not impact the trial process.
The bench ultimately returned the records to Haris, with Justice Musarrat Hilali continuing to review the documents.
