Justice Musarrat Hilali of the constitutional bench of the Supreme Court (SC) on Thursday said that limits were crossed on May 9, reported 24NewsHD TV channel.
During the hearing of intra-court appeals filed against declaring the military trial of civilians null and void, the judge asked Salman Akram Raja, counsel for a May convict, whether he agreed that crimes were committed on May 9.
A seven-member bench, headed by Justice Aminuddin Khan, heard the appeals.
Justice Hilali wondered now the PTI was talking about human rights.
Justice Jamal Khan Mandokhel remarked the basic question was whether civilians could be tried in military courts under the present system.
Raja said that under no circumstances, there could be a trial of civilians in military courts.
He argued that if clause III of Article 175 existed at the time of FB Ali's case, he would not have been court-martialled.
Justice Amin said that in none of the court verdicts, the case had been declared null and void.
Justice Muhammad Ali Mazhar asked when the case had not been challenged in the main case, then how the present bench could do so.
Justice Amin also questioned, “Why was the case not challenged?”
Raja opined that the court’s hands were not tied. “The bench is hearing an appeal. It can revisit the FB Ali case even now,” the lawyer argued.
Justice Mazhar said that British law was concerned with discipline in that country’s armed forces. “In the case under review, these are the civilians who committed crimes. How can the law apply to them?” he questioned.
Raja replied that he had given the example of British law to underscore the fairness of a trial.
He went on to say that the scope of Article 184/3 could not be limited. “The suspects are entitled to a fair trial.”
Justice Amin wondered how two persons committing a crime of the same nature be tried in separate courts.
The bench then adjourned the case’s hearing until February 17.
Reporter: Hashir Ahsan