Under the leadership of Justice Aminuddin, a panel of seven judges presided over the hearing. During the proceedings, the court authorised Khawaja Haris to deliver arguments on behalf of the Ministry of Defence.
The attorney general of Pakistan notified the court that the families of the detainees kept in military custody will be granted permission to visit them today. Justice Aminuddin observed that the case seems to originate from the incidents that occurred on May 9, 2023, and raised concerns about which legal provisions could be subject to dispute in this particular situation.
Advocate Faisal Siddiqui, who joined the court remotely, submitted a miscellaneous request contending that the government should not be represented by a private attorney. Siddiqui implored the court to prioritise his plea before permitting Khawaja Haris to continue with his arguments, emphasising that otherwise, his request would lose its effectiveness.
Justice Muhammad Ali Mazhar noted that it was not uncommon for a private counsel to represent the government.
Justice Irfan Saadat emphasised the importance of treating suspects with humanity, emphasising that it is unacceptable to treat human beings in a cruel or inhumane manner.
Justice Mazhar observed that the Attorney General of Pakistan (AGP) will argue that the suspects’ regular meetings with their families were previously scheduled every week, and questioned why this customary practice was not maintained. “Attorney General, your statement is officially documented as part of the court record.”
Justice Muhammad Ali Mazhar stated that in an appeal, the court must examine the mistake made in the initial decision. He subsequently requested the attorney general to present the court with the error in the original judgement.
The bench granted Khawaja Haris the opportunity to present arguments on behalf of the Ministry of Defence. Justice Shahid Waheed asked if it was possible to transfer a case before the formal accusation, while Justice Muhammad Ali Mazhar enquired if a case may be transferred at any stage, whether before or after the formal accusation. In addition, Justice Jamal Mandokhel instructed Khawaja Haris to furnish details regarding the jurisdiction of the case.
The Supreme Court has indefinitely adjourned the hearing, indicating that the case will be rescheduled for a future hearing when the bench is available.
