A seven-member constitutional bench under Justice Aminuddin Khan is handling the case. The Supreme Court has now postponed the hearing of intra-court appeals against military court verdicts until Friday.
During the session, government counsel Khawaja Haris argued that the Army Act could be applied to civilians under certain conditions. Justice Jamal Khan Mandokhail questioned the applicability of military discipline to non-military individuals as he was wondering how someone outside of the armed forces could be subjected to their rules. To this, Haris replied that if the law allows it, then the discipline is there.
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Moreover, Justice Mandokhail observed that subjecting a person not connected to the army under the Army Act would violate Article VIII, if it could, just for incitement. Even in the event of an attack on the Presidency, he continued, there would be a trial in an anti-terrorism court. He insisted on the protection of fundamental rights, saying those outside the Army Act should not be denied these rights as well.
The court will continue to hear the case on Friday.