Pakistan's Military Courts Case -- see you on Feb. 18th

The Constitutional Bench of the Supreme Court of Pakistan heard from counsel yet again in the leisurely intra-court appeals phase of the Military Courts Case. Dunya News has this account. Here are a few of the colloquies:

Advocate Raja quoted the UK law and said that court martial cases were not handled by military officers but by judges appointed in a manner similar to the high court. The commanding officer can only send a case to an independent forum if it involves a serious matter. 

Justice Khan asked the counsel to focus on the Pakistani law, not the British law. 

Justice Mazhar remarked that the British law pertains to the discipline of their military, while in the current case, the crime was committed by civilians. How could the British law apply to civilians? 

Advocate Raja submitted that he gave the reference in the context of ensuring an independent and transparent trial. 

* * * 

Justice Rizvi questioned the lawyer should a judicial corps be established in the army like engineering and medical corps where experts in law could serve.

* * *

Justice Hilali remarked that a political party had supported military courts under the 21st Constitutional Amendment, and asked Advocate Raja if his party had done so. He replied that he was not representing any political party in court. They may have made a mistake at the time; it was wrong to now criticise it. 

Justice Hilali wondered how one could dismiss past actions when in opposition.

Justice Mandokhail noted that a good point in the 21st Amendment was that it did not apply to political parties.

The 21st Amendment had permitted military trials of civilians in some circumstances, but was temporary. It expired before the events that gave rise to the current litigation.