Islamabad – Supreme Court Justice Muhammad Ali Mazhar remarked on Wednesday that neither the armed forces nor military courts are part of the judiciary, adding that no judicial verdict has ever stated that military courts are a part of the judicial system.
Justice Mazhar’s remarks came during a hearing by a seven-member constitutional bench of the apex court, which is considering the federal government and defense ministry’s pleas against the constitutionality of military trials for civilians. The bench, led by Justice Amin-ud-Din Khan, also included Justices Jamal Khan Mandokhail, Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
During the hearing, Advocate Abid Zuberi, representing former officers of the Supreme Court Bar Council, argued that FB Ali, a hero of the 1965 war, was wrongly accused of misusing his office after retirement. Zuberi further questioned how a retired officer could misuse his office, referring to the military trial conducted by General Ziaul Haq in 1978, although Ali was later released by the same military leader.
Justice Mandokhail noted that General Zia had acted in accordance with what FB Ali had desired, but Justice Mazhar raised concerns about the fairness and impartiality of military courts. He stated that one of the major objections against military trials is the lack of legal experience among those conducting these trials, and whether military courts are actually part of the judiciary.
When asked about the role of military courts, Zuberi argued that they are part of the executive, a statement that Justice Mazhar challenged, emphasizing that the military’s role is primarily to defend the country.
Justice Mazhar insisted that military courts have never been officially recognized as part of the judiciary in any court verdict. He noted that Justice Muneeb Akhtar’s ruling did not include military courts as part of the judiciary. Justice Mandokhail added that although “court martial” is mentioned in the law, military courts are not explicitly named in the legal framework.
Read more: Supreme Court Hears Appeal on Military Trials for Civilians
Zuberi countered that only civilians who are part of the military can be tried in military courts, citing Articles 10A and 4, which he argued protect civilians from being tried in military courts under certain circumstances.
The case hearing was adjourned until Thursday as the court continued to deliberate on the constitutionality of military trials for civilians.
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