ISLAMABAD, Apr 18 (Alliance News): The Supreme Court of Pakistan’s Constitutional Bench raised serious constitutional questions regarding the trial of civilians under the Pakistan Army Act during hearings on intra-court appeals challenging such military court trials.
A seven-member bench, headed by Justice Aminuddin Khan, resumed hearing the appeals on Thursday and directed senior lawyer Khwaja Haris to complete his arguments. The case revolves around whether civilians can be legally tried in military courts, particularly after the events of May 9.
During the hearing, Justice Musarrat Hilali remarked that the Army Act primarily exists to maintain discipline within the armed forces and applies only to its members.
She added that trying civilians under the Act contradicts the spirit of the 1973 Constitution. Justice Naeem Akhtar Afghan reinforced this view, stating that if civilians were intended to fall under the Army Act, it would have been clearly outlined in the Constitution.
Justice Hassan Azhar Rizvi questioned the rationale behind sending civilians to military courts, asking, “If a civilian attacks a military installation, what is the legal link that brings them under the Army Act?”
Khwaja Haris argued that there is no blanket policy and each case is evaluated individually before deciding whether it belongs in an anti-terrorism or military court. He defended the military court’s authority, stating it is constitutionally endorsed and follows fair trial principles.
Justice Jamal Khan Mandokhail and Justice Hilali both emphasized the strength of the 1973 Constitution and voiced concerns about the compatibility of military law with constitutional guarantees of justice.
The judges also questioned whether any military institution was held accountable after the May 9 attacks on military installations. Additional Attorney General Aamir Rehman responded that the Attorney General would provide answers in due course.
With Khwaja Haris concluding his arguments, the court reserved its decision on this critical constitutional matter, which could determine the future of civilian trials in military courts in Pakistan.
