Thursday, May 15, 2014

The case of the missing undeclared Malakand detainees

Justice Jawwad S. Khawaja
There have been further dramatic proceedings in the Pakistan Supreme Court. According to this account in the International News, the panel chaired by Justice Jawwad S. Khawaja raised issues that go to the heart of the interaction between civil and military jurisdiction:
"The court formulated three questions: When a serving army man commits an offence under the [Pakistan Penal Code], whether the civil or military court will conduct the trial; whether the ordinary courts are obliged to concede to the request of military authorities or it is its discretion to determine whether or not to accept the request of army authorities for the transfer of the case; what is the basis to consider/allow or decline such requests?"
The hearing has been adjourned until May 26. 

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