All five judges rejected civilians’ military court trial

ISLAMABAD
Justice Jamal Mandokhail has remarked five judges were agreed that trial of civilians can not be conducted in military courts.
Justice Muhammad Ali Mazhar remarked that judges had written decisions and not additional notes. Justice Mansoor had declared the right to appeal correct in the past. I differed from it. If right to appeal from the past would have been given in practice and procedure case then appeals would have started coming from 1973. Justice Amin ud Din Khan said larger bench is not bound to previous judgment.
He gave these remarks while hearing the intra-court appeal against the trial of civilians in military courts in the Supreme Court.
A seven members bench of SC constitutional bench presided over by Justice Amin ud Din took up the case for hearing Wednesday.
Faisal Siddiqui said constitutional bench can nullify trial of civilians in military courts without declaring clauses of army act null and void.
Faisal Siddiqui counsel for civil society said giving discretionary powers to commanding officer for handing over the accused under section 94 is not correct.
The decision to give the civilians to military custody was not correct. Handing over can be done after indictment.
Justice Mazhar remarked that a person who applies for bail after an FIR is filed is still called an accused; he remains an accused even before charges are framed. He does not become a criminal.
Justice Jamal Mandokhail remarked only magistrate can hand over accused to investigation officer. Can investigation officer hand over the accused to some on else.
Faisal Siddiqui took the plea the investigation officer is not empowered to hand over the accused to some one else on his own.
The hearing of the case was adjourned till today (Thursday).