Army Act and Civilians Constitutional Bench Discussion
The seven-member constitutional bench headed by Justice Aminuddin Khan heard the case.
Earlier, government’s counsel Khawaja Haris told the court that the Army Act could also be enforced over civilians in specific circumstances.
Justice Jamal Mandokhail said that the entire military courts’ case has been confined to Article VIII. “Any person, if not been part of the armed forces, how could he/she come under their discipline,” the judge questioned.
“If the law grants, the discipline will be implementable,” Khawaja Haris replied.
“If someone has been in the agriculture department, the department’s discipline will be enforced to that individual. Bringing an unconcerned person under the discipline won’t be a violation of Article VIII,” Justice Mandokhail asked. “It means the Army Act will be implementable to a person if the individual even thinks about instigation,” the Judge remarked.
He said the President of Pakistan has the biggest office in the country if the Presidency comes under attack, the trial will be conducted in the anti-terrorism court (ATC).
“A person who is not the subject of the Army Act, how could he/she be deprived of fundamental rights,” Justice Mandokhail remarked.
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