Constitution is clear, executive can’t play judiciary’s role: Justice Mandokhel

During the hearing of the case regarding the trial of civilians in military courts, Supreme Court Constitutional Bench member Justice Jamal Mandokhel remarked that the Constitution is clear that the executive cannot play the role of the judiciary.

The 7-member Constitutional Bench, led by Justice Amin-ud-Din, deferred the hearing of the intra-court appeal against military courts’ trial of civilians until tomorrow. Before the hearing of this case, the Constitutional Bench had postponed hearings of other cases, including election rigging. Justice Amin-ud-Din Khan clarified that the bench would only hear the military courts case today.

In the proceedings, Defence Ministry’s counsel, Khawaja Haris, began his arguments, citing a previous Supreme Court ruling which allowed the court-martial of civilians under the army’s command. Justice Mandokhel asked who the aggrieved party and the appellant were in this case, to which Khawaja Haris replied that the appeal was filed by the Ministry of Defence.

Justice Mandokhel remarked, “The executive is a governmental body. If there is a crime committed against the executive, can it act as the judge?” He emphasized that the Constitution clearly delineates the separation of powers and that the executive cannot perform the judiciary’s function.