Supreme Court Justice Musarrat Hilali raised concerns about the appropriateness of military trials for civilians during a Wednesday hearing during discussions on intra-court appeals against the military trial of civilians under a constitutional bench led by Justice Amin-Ud-Din Khan.
Defense Ministry representative Khawaja Haris resumed his argument, citing a Supreme Court decision invalidating civilian military trials. Haris insisted that previous rulings allow for civilian trials in military courts, although he argued that the Constitution’s recent interpretations of Articles 8(3) and 8(5) were incorrect.
Justice Jamal Khan Mandokhail responded to Haris and said the bench would consider his points carefully.
Haris addressed a common misunderstanding about the FB Ali case, explaining that Brigadier FB Ali faced trial as a civilian after his retirement. This detail distinguishes his case, as Ali had not retired at the time of the offence.
Read: Civilians May Face Military Trial for Specific Army Act Offenses, Says SC Judge
Justice Mandokhail highlighted that the accused in the ongoing case, related to the events of May 9, had no military connections. “These individuals weren’t even ex-servicemen; they were merely civilians,” he stated, questioning the scope of the Army Act’s application to civilians.
Ignoring public opinion, Justice Mandokhail urged Haris to clarify whether the Army Act encompasses civilian trials.
Justice Hilali then questioned whether applying the Army Act would suspend all fundamental rights. Concurrently, Justice Mohammad Ali Mazhar asked about international norms for such trials, to which Haris promised to provide international examples later.
Justice Mandokhail also raised the issue of military trials for terrorists who attack and kill Pakistani soldiers, questioning why such cases are not handled in military courts.
Harris emphasized that the current case did not address future trial prospects. He confirmed existing legal precedents during the debate on the eligibility of certain civilian cases for military trials under Article 8, Section 3.
Justice Hilali reaffirmed that the constitution remains in effect and judicial decisions protect fundamental rights.
The Supreme Court had previously ruled on October 23 last year that civilian trials in military courts are unconstitutional. Still, a six-member bench, including Justice Hilali, temporarily halted this decision on December 13, 2023, following challenges to the verdict.
