The Supreme Court raised concerns on Thursday regarding the legality of trying civilians in military courts, adjourning the hearing to Friday. A seven-member bench, led by Justice Aminuddin Khan, reviewed intra-court appeals filed by the federal government against the court’s previous judgment from October 23, 2023, which declared civilian trials in military courts unconstitutional.
Justice Jamal Khan Mandokhail questioned how civilians, who are not part of the armed forces, could be subjected to military discipline. He pointed out that someone working in a civilian department, like agriculture, should be held accountable to the discipline of that department, not the military. Khawaja Haris, representing the defense ministry, argued that the law allows military discipline to apply to civilians in specific cases, referring to past judicial decisions supporting this stance.
Justice Musarat Hilali raised concerns about the lack of documentation, like FIR copies, for those currently under military custody, while Justice Mazhar inquired whether the Supreme Court had already declared the Army Act incompatible with the Constitution’s Article 8, which protects fundamental rights.
The case revolves around whether military trials for civilians violate constitutional rights, especially under Article 8, and if the Army Act should override those protections. Justice Mandokhail emphasized that the issue of civilian trials in military courts is deeply tied to constitutional principles and questioned whether the military should have jurisdiction over civilians, especially in cases involving fundamental rights.
The court’s 2023 ruling had declared the trials of civilians involved in the May 9-10 events unconstitutional, and most recently, a six-member bench had suspended this ruling conditionally, allowing the matter to continue in court.
