ISLAMABAD
Justice Jamal Mandokhail has remarked in the case of civilians trial in military courts in Supreme Court (SC) constitutional bench that how can civilians be tried in military courts in the presence of clause D. He further remarked this is the question which is sticking in my mind. Basic rights do not apply to the laws which are under article 8 (3) of constitution. There is article 6 in the constitution of 1962 and article 8 in the constitution of 1973. It was said in FB Ali case basic rights don’t apply to members of armed forces.
Khawaja Hris has argued suppose if article 8 (3) of constitution applies to civilians then civilians will have too no basic rights. In this perspective the 184(3) petition will be considered non maintainable in SC. The trial of civilians in military courts case came up for hearing in SC 7-member consitutional bench presided over by Justice Amin ud Din here Tuesday.
