ISLAMABAD – Justice Naeem Akhtar Afghan, the member of the Supreme Court constitutional bench, remarked that the Parliament enthusiastically legislated on the Army Act during tenure of Pakistan Tehreek-e-Insaf (PTI) government.
Justice Afghan gave these remarks during hearing of an Intra-Court-Appeal (ICA) regarding the trial of the civilians in the military courts.
A seven-member constitutional bench of the SC is hearing the case related to the civilians’ trial in the military courts.
During the proceedings, Justice Naeem Akhtar Afghan engaged in a conversation with lawyer Salman Akram Raja, who was representing the PTI, observing that during the tenure of the PTI government, the Parliament enthusiastically legislated on the Army Act.
The case related to military courts is being heard by a seven-member constitutional bench led by Justice Ameenuddin Khan.
Arguing on the case, Advocate Salman Akram Raja said that the first mention of “Two-One-D-One” was made in the FB Ali case in 1975, and that the Army Act is a “black hole”. He argued that no amendment to the Army Act can abolish fundamental rights and, according to the law, the crime must be related to the Army Act.
Justice Jamal Khan Mandokhel remarked that if someone from the armed forces commits a crime at home, would the Army Act apply? Salman Akram Raja responded that, for example, flying kites is prohibited in Punjab, and if a military personnel flies a kite at home in Punjab, they would not be tried in a military court; civilian law would apply instead.
Justice Jamal Mandokhel then commented, “If a military man has a domestic issue and marries a second wife without his first wife’s consent…”
Salman Akram Raja replied, “So, would the person who marries a second wife be sent to a military court?”
During the hearing, there was an interesting exchange between Justice Naeem Akhtar Afghan and Salman Raja.
Justice Naeem Akhtar Afghan remarked in a lighthearted manner, “I am saying this jokingly, please don’t take it badly, but you are currently politically affiliated with a political party. When your political party was in power, an amendment was made to the Army Act,”.
Justice Naeem Akhtar Afghan smiled and added, “At that time, Parliament enthusiastically legislated on the Army Act.”
Salman Akram Raja responded, “At that time, I was not a part of PTI; I have always been on the opposition side.”
