Judicial Lament in the case of ATC Decisions
In a hearing of a military trial surrounding random civilians, Heath Justice Jamal Mandokhel in has put it as if indeed the judges were finding it hard to comprehend English. This is being led by Justice Amin-ud-Din, which is against an appeal that the defendant wanted civilians to be exported out of illegal custody for military trial.
Illogical Justification of Extradition
Refusing to entertain any arguments toward extradition, Faisal Siddiqui, of a sizable civil society group, mentioned that the officers had directed it before completing the investigation, which was a violation of law. He termed that ridiculous, explaining that ATC judges often proclaim the accused to be guilty even before the prosecution had started.
Non-Legitimate Argument Concerning Army Act and Official Secrets Act
On the other hand, when Justice Mandokhel asked about the arguments of Advocate Siddiqui—which referred to cases concerning mala fide upon a stretcher—Faisal Siddiqui said that the applicant was being sought to become an accessory along with many others, and then he tried to achieve a few of these bogus things through illegal extradition from some ATC, as the ATC could even judge without any evidence.
Even as it had been mentioned by Justice Mandokhel that section 59(4) of the Army Act is about military officials only and that there is an investigation held when final extradition under the Official Secret Act happens, but at least one FIR has been initiated under the provisions of the Official Secrets Act, Justice Muhammad Ali Mazhar noted.
Strings as Tough Questions for the Supreme Court on Fair Trial
In a moment when the case was being discussed among opposing parties, the focus was then on vernacularity and legality of the orders by the ATC, highlighted by Justice Muhammad Ali Mazhar. With that pronouncement, the hearing was recessed.