KARACHI: Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia said objection raised by interested persons that Imran Khan and his gang members subject to Army Act cannot be tried by Military Court is wrong. It is absolutely baseless objection thus their applications are liable to be thrown. He said procedure of Military Courts and civilian accused subject to Military laws enjoys comprehensive security to be dealt with in accordance with law.

Senior lawyer informed that conviction Judgment also provides an appeal before Military Court tribunal. He said accused person if dissatisfied can file writ petition in High Court which can be followed by action of Supreme Court again review is available.

Hence, unwanted interference in settled law is nothing but accepting den of foolish ignorant which endangers authority to dignity and independence of judiciary. He said that problem with empty-minded gangs linked with justice about applicability of uniform people and subject to act civilians cannot be tried by military court.

Hashmat Habib said Article 10-A of Constitution ensured right to fair trial for determination of his civil rights and obligations or any criminal charge against him a person shall be entitled to fair trial and due process inserted by Constitution (18th Amendment) 2010. He said this constitutional guarantee had abundant Article 199(3). But our courts yet hesitate to declare as such to protect right of person, in uniform or otherwise.

He said it is failure of Supreme Court itself to administer justice and pity on its part that instead of High Court decision petitions are pending with stay order. Cases of Jhanda chichi and total petrol pump blast where Pervaiz Musharraf had allegedly life threat. Hashmat Habib said it is matter of understanding necessity of Military Courts procedure, not political decision.

He said so-called legal mind should read scheme of administration of justice by Military Court. Right from handing over cases prima facie proved custody of accused person given to Military authorities for inquiry investigation or arrest close are open thereafter if Military Courts commence it proceeding accused enjoys all rights including to engage lawyer of his choice or in failure to engage lawyer defending officer is provided in district courts or military Court. Trial is open per restricted to availability place in Court.

Published in The Daily National Courier, June, 26 2023

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