SC judge questions military court officers’ experience, ability to issue death sentences
MNP – The Supreme Court’s constitutional bench, headed by Justice Aminuddin, continued hearing intra-court appeals challenging the nullification of civilian trials in military courts. Defence Ministry lawyer Khawaja Haris was unable to complete his arguments, and the hearing was adjourned until Monday.
During the proceedings, the court revisited the October 12, 1999, plane conspiracy case involving former president Gen (retd) Pervez Musharraf, with Justice Musarat Hilali noting that the incident led to the imposition of martial law, yet the trial was not held in a military court. Khawaja Haris clarified that hijacking is not listed under the Army Act, making such a trial impossible.
She said an army chief’s plane was told to leave the country by turning off the lights at the airport. The lives of all the passengers aboard were put in danger, she added.
“How could a person who was not on the plane hijack it?” Khawaja Haris asked. Justice Hilali asked where a trial will be held if a military or fighter plane is hijacked.
Khawaja Haris argued that the Army Act is a special law and the evidence and trial procedure of special laws are different.