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Supreme Court Hears Appeal Against Civilians’ Trials in Military Courts

Justice Mazhar Questions F.B. Ali's Court Martial, Salman Akram Raja Responds

Islamabad – The Supreme Court of Pakistan heard an intra-court appeal challenging the trial of civilians in military courts during proceedings. The case was heard by a seven-member constitutional bench, led by Justice Aminuddin Khan.

During the hearing, Justice Jamal Mandokhail questioned the powers of military courts under the Army Act, asking, “What powers do military courts have according to the Act? Can a person, who is not part of the military, be tried in a military court based solely on the crime committed?”

Advocate Salman Akram Raja, presenting his arguments, referred to the 1962 Constitution and the F.B. Ali case, stating that civilian trials are only permissible if they uphold fundamental rights.

Justice Muhammad Ali Mazhar further inquired, “F.B. Ali was a civilian, so how was his court martial conducted?” In response, Salman Akram Raja explained that the court had ruled that fundamental rights were not violated during the trial. He also referenced the famous poem by Habib Jalib, written during Ayub Khan’s era, “I do not accept such a constitution,” which criticized the constitution’s failure to safeguard fundamental rights.

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Justice Aminuddin Khan remarked that the bench was hearing an appeal against a previous decision, while Justice Jamal Mandokhail raised a query about the use of judicial powers under Article 187 in this case.

The hearing continued, with the court considering the legal and constitutional implications of military trials for civilians.

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