In the Supreme Court’s constitutional bench hearing on civilian trials in military courts on Wednesday, the Ministry of Defence’s counsel, Khawaja Haris, drew a comparison between the May 9 accused and Indian spy Kulbhushan Jadhav.
Constitutional bench hears Defence Ministry counsel assures to inform apex court whether rules were followed during military trials or notIn the Supreme Court’s constitutional bench hearing on civilian trials in military courts on Wednesday, the Ministry of Defence’s counsel, Khawaja Haris, drew a comparison between the May 9 accused and Indian spy Kulbhushan Jadhav.
According to the 24NewsHD TV channel, he said an objection was raised from PTI that those involved in the May 9 riots were denied the right of appeal, while Kulbhushan Jadhav was granted one. Kh Haris explained that Kulbhushan Jadhav was granted consular access under the Vienna Convention. Presenting his rebuttal, Khawaja Haris clarified that Article 36 of the Vienna Convention pertains to foreign nationals. If a person commits a crime, the country from which they originate is termed the"sending state." Justice Muhammad Ali Mazhar responded by saying that if Kulbhushan Jadhav came from India, then India would be regarded as the sending state. At this point, the additional attorney general stated that the person would be considered a citizen of the sending state. Justice Mazhar remarked that whether India accepts it or not, under the Vienna Convention, India would still be considered the sending state in Kulbhushan's case. To this, Khawaja Haris reiterated that while Jadhav was granted consular access under the Vienna Convention, that does not equate to granting him the right to appeal. Justice Mazhar stressed that consular access should be available to any foreign national, not just Jadhav. Justice Hasan Azhar Rizvi asked whether the government provides a lawyer if the accused cannot arrange one themselves. Khawaja Haris replied, “Yes, absolutely. In such cases, the government provides a state counsel.” Kh Haris also assured the court that he would inform it whether rules were followed during the military trials. He cited the Shah Zaman case, where the accused admitted that grounds were provided, but not for a lawyer of their choice. Despite detailed arguments, Khawaja Haris could not complete his submissions, after which the court adjourned the hearing for one day. The case was heard by a seven-member constitutional bench headed by Justice Aminuddin Khan. Other judges on the bench included Justice Jamal Khan Mandokhail, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal.Chinese President Xi Jinping met with Malaysia's king Wednesday in a state visit analysts said was aimed at burnishing Beijing's credentials as a ...Posted 05:45 PM, 16 Apr, 2025
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