Supreme Court Adjourns Hearing on Civilians’ Trials in Military Courts

Islamabad:The constitutional bench of the Supreme Court has adjourned the hearing on the case concerning civilian trials in military courts until tomorrow. During today’s hearing, the court remarked that the issue of military trials is being unnecessarily expanded. The judges raised concerns about how individuals were able to reach the Corps Commander’s House on May 9 without weapons, questioning the failure of security.

The seven-member constitutional bench, headed by Justice Amin-ud-Din Khan, is hearing the intra-court appeal against the decision regarding civilian trials in military courts. The bench includes Justices Jamal Mandokhel, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.

During the hearing, the defense ministry’s lawyer, Khawaja Haris, began his arguments by referencing the Liaquat Hussain case, stating that this case concerns the trial of civilians in military courts for civilian crimes. Justice Jamal Mandokhel remarked that the court needs to examine the conditions under which civilians could be tried.

Khawaja Haris argued that incitement to stop a soldier from performing his duties would be tried under the Army Act, and the Supreme Court had previously ruled that retired personnel are considered civilians. He also referenced the F.B. Ali case, which involved both retired and serving officers, but Justice Mandokhel questioned whether any accusations against civilians in the current case were related to inciting military personnel.

Justice Musarat Hilali asked what would happen if a soldier had a dispute with a civilian at a cantonment. Khawaja Haris argued that military trials should apply in matters involving military discipline but emphasized that military trials should also apply in times of peace when civilians intervene in military matters.

The bench also raised the point about the May 9 incident, questioning how civilians were able to enter the Corps Commander’s House without any weapons. Justice Hassan Azhar Rizvi inquired if any military officers were involved in the incident. Khawaja Haris responded by stating that no officers had been tried for the May 9 events, but the allegation against the protesters was damage to property.

Justice Jamal Mandokhel clarified that for a charge like that in the F.B. Ali case, it would be necessary to prove collusion within the military. The court emphasized that proving internal involvement is crucial, with Justice Mandokhel pointing out that any conspiracy or involvement within the military institution would need to be established.

The hearing concluded with the court adjourning the session until tomorrow, where Khawaja Haris will continue presenting his arguments on the appeal against civilian trials in military courts.