Islamabad (Web Desk): Counsel for the Ministry of Defense Khwaja Haris on Tuesday informed the Supreme Court (SC) that individuals who engage in actions that disturb military discipline should be tried in military courts.
He further contended that those responsible for orchestrating such disturbances would face charges under the Army Act.
Haris presented his arguments before a seven-member bench, which included prominent justices such as Justice Amin ud Din Khan and Justice Jamal Khan Mandokhail.
At one point, Justice Hasan Ali Azhar questioned the advocate about the events of May 9, specifically regarding how protesters were able to gain access to the Corps Commander's residence without carrying weapons.
The judge sought clarification on whether anyone had been held accountable for allowing the protesters to enter such a protected site. Haris replied that no such action had been taken.
Justice Musarrat Hilali raised another point, asking whether there would be a legal issue if a civilian were to have a dispute with a soldier at a military checkpoint.
Haris emphasized that while disagreements could occur, they would not necessarily be considered a breach of military discipline, which he argued was a more serious issue.
Justice Jamal Khan remarked that Haris’s arguments seemed to align closely with the principles established in the FB Ali case, which involved both military and civilian defendants.
Justice Mandokhail expressed concern that the counsel might be extending the scope of military courts to a point where it could lead to civilians being tried under military law.
In response to these concerns, Haris referenced the case of Khwaja Liaquat Hussain, where a civilian had been tried in a military court.
Despite the Court desire that the Counsel for the Ministry of Defense should conclude his arguments by today, the proceeding was adjourned for tomorrow and Khwaja Haris will continue his arguments.
