Rejection of military court records incites SC’s severe comments

Justice Hassan Azhar Rizvi stated that, according to the principles of natural justice, no one may be penalized without the opportunity to be heard.

A seven-member constitutional bench, led by Justice Amin-ud-Din Khan, is hearing the case of an intra-court appeal against the trial of civilians in military courts. The bench comprises Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.

The counsel for the Ministry of Defence, Khawaja Haris, is presenting arguments.

Khawaja Haris argued that if Section 2(d)(1) of the statute is maintained, the petitions contesting military tribunals will be rendered inadmissible. He underscored that military courts adhered to a comprehensive procedural framework.

Justice Hassan Azhar Rizvi stated that the court has solicited the records of military trial cases to scrutinize the utilization of evidence in decision-making. He condemned the government counsel’s refusal to furnish the sought records, stating it was improper.

Khawaja Haris guaranteed the court that they will submit the documentation of one instance for examination.

Justice Muhammad Ali Mazhar emphasized the court’s commitment to upholding fair trial principles in military tribunals.

Justice Hassan Azhar Rizvi elucidated that the court’s objective is not to deliberate on the evidence but to assess whether the trial conformed to the norms of fairness. He emphasized that natural justice necessitated that no individual could be condemned without an opportunity to be heard.

The defense counsel contended that if the legal provisions were deemed genuine, the petitions contesting military tribunals would be rendered inadmissible, precluding judicial review of punishments grounded in basic rights.