Any amendment to Army Act cannot abolish fundamental rights, Advocate Raja tells SC

ISLAMABAD: Advocate Salman Akram Raja on Wednesday submitted before the constitutional bench of the Supreme Court that any amendment to the Army Act cannot abolish fundamental rights of a citizen.Advocate Raja was arguing before a seven-member bench hearing an intra-court appeal against the trial of civilians in military courts as counsel for convict Arzam Junaid. He said according to the law, the crime must be related to the Army Act.
The bench, headed by Justice Amin-ud-Din Khan, includes justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.At the outset of the hearing, Advocate Raja said the 2 (1)(d)(1) was first mentioned in 1975 F.B. Ali case. He called the Army Act a “black hole.” If any amendment is made, fundamental rights will be abolished.
Justice Mandokhail asked the counsel if a member of the Armed Forces commits a crime while sitting in his home, will the Army Act apply? Raja explained to him that if a military personnel flies a kite at his home in Punjab, he would be tried under the civil law as kite flying is prohibited in the province.He said there are two issues in the case: one is of Article 175; and as far as fundamental rights are concerned, they will not be suspended.Justice Mandokhail put another question to him that if a soldier marries a second wife without the consent of his first wife, what will happen? Advocate Raja asked the justice “will the case be sent to a military court?”