Supreme Court Adjourns Hearing on Military Trials of Civilians Until Tomorrow
The Supreme Court has adjourned the hearing of appeals challenging the decision to try civilians in military courts until tomorrow. The hearing, led by a seven-member constitutional bench headed by Justice Aminuddin Khan, saw the continuation of arguments by lawyer Faisal Siddiqi, representing civil society.
During the proceedings, Faisal Siddiqi emphasized that the core issue was not how 105 individuals were selected for military trials, but whether the law permits such trials. He argued that the discretion given to military officers under Army Act Section 94 is unlimited, which he believes violates legal principles, especially considering that even the Prime Minister doesn’t hold unlimited powers.
Justice Aminuddin Khan inquired whether Siddiqi had challenged Section 94 of the Army Act, and Faisal Siddiqi confirmed that he had. The lawyer pointed out that the decision to transfer civilians to military custody was made without completing an investigation, and there was no record of the necessary evidence to justify such transfers.
Justice Hassan Azhar Rizvi asked whether the military investigations were faster than police investigations, while Justice Jamal Mandokhail questioned whether the anti-terrorism court could reject the transfer requests. Faisal Siddiqi reiterated that it was the court’s duty to ensure the legality of such transfers.
The case revolves around the legality of military trials for civilians, and the bench is expected to further deliberate on whether such trials comply with constitutional and legal requirements.
The hearing will resume tomorrow, March 3rd, with lawyer Faisal Siddiqi continuing his arguments. The outcome of this case could set a significant precedent for the balance between military and civilian legal jurisdictions.
