KARACHI: The Constitutional Bench of Supreme Court is about to decide appeals regarding civilian trials by Military Court or otherwise in a few days.

However, the Appellants' lawyers will serve nation if they focus on the establishment of appellate forum to be heard by two judges of Superior Courts to ensure the Constitutional guarantee of entitlement of a fair trial and due process. Hashmat Habib President Tehreek e Tahaffuz e Adlia said under principles of policies the State is bound to ensure inexpensive and expeditors Justice while the superior Courts are entitled to give observation and force legislature to take such steps for this object.

  Hashmat Habib said lawyers may take this plea or not before the Constitutional Bench but it is Judicial review of the issue therefore Constitutional Bench may take this responsibility of advising the legislature to do needful in line with fair trial and due process as guaranteed under Act 10-A of constitution. Under the circumstances the Constitutional Bench should pass such direction enabling the legislature to constitute an Appellant Forum to redress the grievance of civilians. Hashmat Habib said it is settled principle that non compliance of High Court Rules and Army rules the trial is vitiated. He said Supreme Court in a series of Judgments declared these rules as binding, therefore, Military trial which is allowed under the law and State has provided an appeal on the decision of Federal Shariat Court but the same forum remains under the command of armed forces and the evidence cannot be discussed before Constitution legal forum.

Hashmat Habib said India has established a tribunal wherein appeal is provided which is continuity of the trial and in this way their citizens are protected from the grave injustice under the garb of discipline.