Civilians cannot be court-martialled under any circumstances, argues counsel for appellant

ISLAMABAD :Advocate Khawaja Ahmed Hussain, the counsel for appellant Justice (R) Jawad S. Khawaja, said on Monday that civilians cannot be court-martialled under any circumstances; the procedure of military courts is contrary to the provision of a fair trial.

Advocate Hussain was arguing before a seven-member bench of the constitutional court of Supreme Court during the hearing of intra-court appeals against the trial of civilians in military courts.

Headed by Justice Amin-ud-din Khan, the bench included justices Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.

Advocate Hussain submitted that all five judges of the Supreme Court who gave verdict against the trial of civilians in military court did not agree that the trial procedure in military courts is transparent.

Justice Rizvi questioned him that is there no difference between those who carry out [bomb] explosions and ordinary civilians? Advocate Hussain responded that he was not arguing in defense of any terrorist or accused. If civilians could be court-martialed, the 21st constitutional amendment would not have been necessary.