Supreme Court Hears Appeal on Military Trials for Civilians

ISLAMABAD – The Supreme Court of Pakistan heard arguments on Monday regarding the trial of civilians in military courts, with several key questions raised during the proceedings. Justice Muhammad Ali Mazhar asked about the status of trials if cases were transferred from military courts to Anti-Terrorism Courts (ATC), questioning where the trial would begin and whether it would continue from the military trial’s record.

The hearing, led by Justice Ameen-ud-Din, focused on intra-court appeals related to the military trials of civilians. During the hearing, civil society lawyer Faisal Siddiqi presented his arguments, emphasizing that the core issue was not how 105 individuals were selected for military trials, but whether the law allows military trials in the first place.

Justice Ameen-ud-Din raised concerns about the transfer of the suspects, pointing out that the issue involved the record of the transfer, specifically questioning whether the challenge to Section 94 of the Army Act had been made. Siddiqi responded by explaining that at the time of their transfer, the crimes of the suspects had not been determined, and that the unlimited discretion provided to officers under Section 94 was also being challenged.

Justice Hassan Azhar questioned whether police investigations were slow compared to the military’s swift process, and whether there was enough material evidence at the time of the suspects’ transfer. Siddiqi clarified that the lack of evidence on record was not the primary issue, but rather the unchecked power of officers in deciding the transfer of suspects.

Justice Jamal Mandokhel raised the question of whether the Anti-Terrorism Court (ATC) could reject the request for transfer, to which Siddiqi responded that the court could indeed reject such a request, and that this defense could have been raised by the defendants in the ATC or an appeal.

The court also discussed whether the trial of civilians should have occurred in military courts and whether the decision to transfer suspects had sufficient grounds. Justice Naeem Akhtar pointed out that the request for transfer cited violations under the Official Secrets Act, which led to further discussion on the procedural requirements for complaints under the Act.

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The bench further examined the procedures and legal grounds for the transfer, as well as the application of Article 245 of the Constitution, which relates to the use of military power in civilian matters. Faisal Siddiqi argued that military trials were being challenged due to the application of Article 245, while Justice Ameen-ud-Din noted that the application of Article 245 had occurred after the petitions were filed.

The Supreme Court adjourned the hearing of the intra-court appeals against military trials for civilians, with the next hearing scheduled for the following day.