Supreme Court Raises Key Questions on Military Trials for Civilians under Army Act

ISLAMABAD:The Supreme Court of Pakistan has raised important constitutional questions regarding the powers of military courts in the trial of civilians. During the hearing of an intra-court appeal against the military trial of civilians, Justice Jamal Mandokhel, a member of the constitutional bench, questioned the extent of military courts’ authority under the Army Act.

A seven-member constitutional bench, headed by Justice Amin-ud-Din Khan, heard the case related to the military trial of civilian Arzam Junaid. Salman Akram Raja, the lawyer for the convicted individual, presented his arguments during the hearing. He referred to the *F.B. Ali* case, which was decided according to the Constitution of 1962. Raja pointed out that the *F.B. Ali* case established that civilian trials could only proceed if they uphold fundamental rights.

Justice Muhammad Ali Mazhar raised a counterpoint, questioning how F.B. Ali, who was himself a civilian, could have been court-martialed.

In response, Justice Jamal Mandokhel asked, “What are the powers of military courts under the Army Act? Can a person outside the military, based solely on the nature of their crime, be subjected to a military trial?” These questions are central to understanding the constitutional limits of military trials for civilians.