Islamabad [Pakistan], January 15 (AI): The Supreme Court of Pakistan's constitutional bench, led by Justice Amin-ud-Din Khan, on Wednesday sought an explanation from authorities on why the Army Act was not applied in cases related to the 2014 Army Public School (APS) attack, The Express Tribune reported.
The court is currently hearing an intra-court appeal challenging the legality of military trials for civilians in terrorism-related cases.
During the proceedings, Khawaja Haris, representing the Ministry of Defence, presented arguments on the jurisdiction of military courts. Justice Jamal Khan Mandokhail questioned the necessity of amending the Constitution for military trials when the Army Act already provided a framework.
"Why were such trials not conducted previously under the Army Act?" Justice Mandokhail asked, while highlighting the connection between civilian crimes and military courts, as per The Express Tribune.
In response, Khawaja Haris clarified that the nature of a crime determines whether it falls under civilian or military jurisdiction. He explained, "If a civilian crime is linked to the armed forces, it falls under the jurisdiction of military courts."
He also noted that terrorist acts linked to religious or extremist groups could be prosecuted under the Army Act, both with and without constitutional amendments. Justice Mandokhail suggested that the perpetrator's intent in crimes against national interests should also be considered.
The court focused on significant cases, such as the APS attack, to evaluate the application of military courts. Khawaja Haris acknowledged the attack's connection to the military but noted it was not tried directly under the Army Act. He further elaborated that the 21st Constitutional Amendment, enacted after the APS attack, broadened the scope of military trials to include terrorism-related crimes.
Justice Muhammad Ali Mazhar emphasised that the court's role was to assess the constitutional legitimacy of these legal provisions rather than the specifics of individual cases.
The bench also reflected on the parliamentary debate surrounding the 21st Constitutional Amendment. Justice Naeem Akhtar Afghan pointed out the judicial reasoning and emotional context in which the amendment was passed, The Express Tribune reported.
Justice Hassan Azhar Rizvi highlighted the critical role of the former Senate Chairman in securing its approval. Haris reiterated that if the Supreme Court upheld Sections 21D and 2D2 of the Army Act, challenges to the military courts should be dismissed. The constitutional bench adjourned the hearing to continue deliberations on Thursday.
As per Dawn news outlet, in the deadliest terror attack in the country's history, 147 people, including 132 schoolchildren, were kileld when heavily armed terrorists stormed the APS building on December 16, 2014.
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