Justice Asks Who Writes the Verdict in Military Courts During Civilian Trial Appeal
Islamabad:During the hearing of an intra-court appeal against the trial of civilians in military courts, Justice Musarrat Hilali questioned the Ministry of Defence’s lawyer about who writes the verdict in military courts.
The hearing, led by Justice Amin-ud-Din and held before a seven-member constitutional bench, saw the lawyer for the Ministry of Defence, Khawaja Haris, presenting arguments. During the proceedings, Justice Jamal Mandokhail remarked that the Army Act applies only to the military, and emphasized the importance of ensuring that military officers receive fundamental rights and justice.
Justice Musarrat Hilali further raised a critical point, asking for clarification on who writes the verdict in military courts. She expressed concern, stating that according to her understanding, the case is heard by one individual, while the decision regarding punishment or acquittal is made by the commanding officer who did not hear the case. “How can someone who did not hear the case decide the punishment?” she questioned.
In response, Khawaja Haris explained that assistance from the JAG (Judge Advocate General) Branch is sought in writing the decision.
