The seven-member constitutional bench of the Supreme Court has adjourned the hearing of intra-court appeals challenging the decision to try civilians in military courts, with the next session scheduled for Friday.
During the hearing, Khawaja Haris, the federal government’s lawyer, argued that the Army Act applies to civilians in certain circumstances, and that the Supreme Court does not have the authority to annul provisions of the Army Act.
The Case and Judicial Concerns
Justice Jamal Mandokhel raised critical questions regarding the applicability of military discipline to civilians. He asked how a person not part of the armed forces could be subjected to military discipline and whether this would violate Article 8 of the Constitution. Justice Jamal emphasized that military discipline applies to members of the armed forces and questioned how it could be extended to civilians not associated with the military.
Justice Musarrat Hilali inquired whether a civilian’s fundamental rights would be forfeited if tried under the Army Act, asking if such individuals were treated as if they “go to another world.”
In response, Khawaja Haris clarified that the Army Act is applicable to civilians in certain situations. He emphasized that the court does not have the power to invalidate the provisions of the Army Act.
Justice Jamal remarked that if someone is suspected of inciting violence, the Army Act could potentially apply to them.
Review of Court’s Previous Decision
Justice Muhammad Ali Mazhar highlighted the importance of identifying any flaws in the court’s previous decision, asserting that this bench has the authority to review constitutional points raised in the intra-court appeals.
The judges also discussed the nature of trials based on the type of offense. Justice Jamal noted that an attack on the President’s House would be tried in the Anti-Terrorism Court, while an attack on military property would result in a trial in a Military Court.
Defending the government’s stance, Khawaja Haris stressed that the decision to try civilians under military courts was made through legislation. He assured the bench that accused individuals in military courts are provided with legal representation and access to all relevant materials during the trial.
