ISLAMABAD, Feb 24 (Alliance News): Supreme Court Justice Jamal Khan Mandokhail on Monday remarked that understanding the purpose of the Army Act would resolve much of the debate over military trials of civilians.
A seven-member constitutional bench, headed by Justice Amin-ud-Din Khan, heard intra-court appeals regarding the trial of civilians in military courts. The issue stems from the May 9, 2023 riots, after which military courts sentenced 85 Pakistan Tehreek-e-Insaf (PTI) activists to rigorous imprisonment.
During the hearing, PTI founder Imran Khan’s lawyer, Uzair Bhandari, argued that even if the Army Act were annulled, anti-terrorism laws would still apply. He stressed that fundamental rights must be protected and that Article 245 does not grant the military judicial powers.
Justice Mandokhail questioned whether court-martial proceedings were judicial in nature, to which Bhandari responded that they applied only to military personnel, not civilians. Justice Amin-ud-Din further asked how it would be determined which civilians fall under the Army Act.
The bench also debated the scope of military courts, questioning whether they could try civilians and whether military jurisdiction extended beyond service personnel. Justice Mandokhail emphasized that legislation must align with the Constitution, cautioning against political misuse of laws.
The hearing was adjourned until tomorrow.
