Supreme Court Hears Case on Civilian Trials in Military Courts
SC Debates Civilian Trials in Military Courts: Specific Circumstances to Be Considered
ISLAMABAD: The Supreme Court of Pakistan, in a hearing regarding the trial of civilians in military courts, expressed key constitutional concerns on Tuesday. Justice Jamal Mandokhail remarked that the Constitution clearly states that the executive cannot perform the role of the judiciary.
A seven-member constitutional bench, led by Justice Ameenuddin Khan, convened to hear the case concerning the trial of civilians in military courts. The hearing, initially scheduled to include multiple constitutional matters, was postponed, with Justice Khan stating that today’s session would focus solely on the military court case.
As the hearing began, Defense Ministry’s lawyer, Khawaja Haris, started presenting his arguments, referencing the Supreme Court’s previous rulings that allowed military courts to conduct martial trials for civilians under the military’s authority. Justice Mandokhail, however, raised concerns about the current case, asking who the affected party was and who had filed the appeal. Khawaja Haris confirmed that the appeal was filed by the Ministry of Defense.
Justice Mandokhail pointed out that the Ministry of Defense, being part of the executive, cannot judge itself if accused of wrongdoing. He stressed that the Constitution divides powers and makes it clear that the executive cannot take on the role of the judiciary, particularly in cases related to special courts.
Khawaja Haris argued that in the absence of other available forums, the executive could make decisions, to which Justice Mandokhail responded that there are legal forums, such as anti-terrorism courts, where such cases can be addressed. He questioned how the executive could take on the judicial role when such legal forums exist.
The conversation turned to the Army Act, which Khawaja Haris defended as not being limited to armed forces personnel, a point Justice Mandokhail contested. The judge raised a key question about whether a civilian loses their basic rights if they join the military. He also questioned whether a civilian could be tried in a military court for allegations such as approaching a military checkpoint.
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Khawaja Haris acknowledged Justice Mandokhail’s point but responded that specific circumstances must be considered. Justice Muhammad Ali Mazhar further clarified that a civilian would only be tried in a military court if they committed a crime under the Army Act, but standing near a checkpoint would not suffice for a trial.
The hearing on the case regarding the trial of civilians in military courts was adjourned until the following day. Khawaja Haris will continue presenting his arguments during the next session.
