'Army Act applies only to military personnel': Justice Mandokhail

Defence lawyer promises to clarify trial procedures in later arguments.

Listen to article

Justice Jamal Khan Mandokhail of Supreme Court (SC) has remarked that the Army Act applies exclusively to military personnel.

He stressed the importance of ensuring fundamental rights and justice for army officers, Express News reported.

A seven-member constitutional bench, led by Justice Aminuddin Khan, heard the case regarding military courts.

The Ministry of Defence’s counsel, Khawaja Haris, presented his arguments as the session continued.

The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.

Justice Mandokhail questioned the trial mechanisms in military courts, asking for clarification on their procedures.

“Does the commanding officer overseeing trials possess the expertise to issue a death sentence?” he inquired.

Justice Musarrat Hilali also expressed doubts, stating, “The officer conducting the trial does not deliver the verdict. Instead, the case is forwarded to a senior officer who decides without hearing the trial. How can someone uninvolved in the hearing deliver a fair decision?”

Justice Jamal Mandokhail remarked, “I have spent 34 years in this field and still do not consider myself fully accomplished. Does the military officer conducting trials have the necessary experience and expertise to deliver a death sentence?”

Defence counsel Khawaja Haris responded, stating, “The procedure for military trials will be fully explained in the second part of my arguments.”

Justice Mandokhail further observed, “The Army Act applies solely to the military. We must consider whether military officers are afforded basic rights and justice.”

Justice Musarrat Hilali raised a critical question, asking, “Please also clarify who writes the decisions in military courts. To my knowledge, the case is heard by one officer, but the punishment or reward is decided by the commanding officer. How can someone who has not heard the case decide the outcome?”

The Ministry of Defence's lawyer explained, “The decisions are written with assistance from the Judge Advocate General (JAG) branch.