The Supreme Court’s constitutional bench delved into the legitimacy of military trials for civilians, with a focus on Article 8, during Thursday’s hearing on appeals concerning the May 9 attacks on army installations.
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Headed by Justice Aminuddin Khan, the seven-member bench resumed proceedings on Intra-Court Appeals (ICAs) challenging the Oct 23, 2023, verdict that nullified military court trials of civilians. The bench included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan.
Justice Jamal Khan Mandokhail raised critical questions about how civilians, not subject to the Pakistan Army Act (PAA) 1952, could be tried under military discipline without violating their constitutional rights. Drawing comparisons, he noted that army discipline applies to military personnel, just as rules of the agriculture department apply to its employees, questioning whether extending military laws to civilians breaches Article 8 of the Constitution. He also observed that civilians who commit crimes, including attacking military installations, should be tried in ordinary courts under laws like the Anti-Terrorism Act (ATA).
Defence Ministry lawyer Khawaja Haris countered that the Oct 23 judgment had two components, with the court invalidating certain provisions of the PAA as unconstitutional. Haris argued that the court lacked the authority to annul these provisions and maintained that military discipline could extend to civilians if legally permitted.
Justice Muhammad Ali Mazhar sought clarity on how the five-judge bench justified declaring parts of the PAA as conflicting with Article 8. Meanwhile, Justice Musarrat Hilali asked whether accused civilians in military courts had access to lawyers and relevant records. Haris confirmed they did and explained the procedural rules for such trials.
Justice Hilali further requested details about the rules governing civilian trials in military courts and the FIRs filed against individuals involved in the May 9 violence.
The hearing will continue on Friday as the bench deliberates on the constitutional implications of these military trials.
