Good questions from the bench

The Constitutional Bench of the Supreme Court of Pakistan asked some penetrating questions in the Military Courts Case. For example:

Justice Musarrat Hilali also expressed doubts, stating, “The officer conducting the trial does not deliver the verdict. Instead, the case is forwarded to a senior officer who decides without hearing the trial. How can someone uninvolved in the hearing deliver a fair decision?”

Justice Jamal Mandokhail remarked, “I have spent 34 years in this field and still do not consider myself fully accomplished. Does the military officer conducting trials have the necessary experience and expertise to deliver a death sentence?”

Defence counsel Khawaja Haris responded, stating, “The procedure for military trials will be fully explained in the second part of my arguments.”

Justice Mandokhail further observed, “The Army Act applies solely to the military. We must consider whether military officers are afforded basic rights and justice.”

Justice Musarrat Hilali raised a critical question, asking, “Please also clarify who writes the decisions in military courts. To my knowledge, the case is heard by one officer, but the punishment or reward is decided by the commanding officer. How can someone who has not heard the case decide the outcome?”

The Ministry of Defence's lawyer explained, “The decisions are written with assistance from the Judge Advocate General (JAG) branch.