Supreme Court Demands Details of Civilian Military Trials from Ministry of Defence

Islamabad:The Supreme Court’s constitutional bench has directed the Ministry of Defence to provide details of all civilian military trials conducted so far. The order was issued during the hearing of intra-court appeals against the decisions of military courts involving civilians.

The 7-member bench, headed by Justice Aminuddin, included Justices Jamal Mandokhel, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan. During the proceedings, Defence Ministry’s lawyer, Khawaja Haris, argued that if Section 2 (1) D-1 is upheld, the consequences would need to be considered. He emphasized that the military trial process follows the prescribed procedure.

Justice Hassan Azhar Rizvi pointed out that the court had previously requested the record of military trials, specifically to examine how decisions were made based on the evidence presented. Haris replied that they would provide the record of one case for review, while Justice Mazhar clarified that the court is concerned with ensuring that the procedure for fair trials was followed.

The bench noted that under the principle of natural justice, no one should be sentenced without a fair hearing. Khawaja Haris further argued that, under certain articles of the constitution, appeals against military trials may not be admissible, and that courts cannot review the merits of these trials.

Justice Mandokhel raised the question of whether the laws governing civilian military trials could be amended. In response, Haris stated that improvements in the law have been an ongoing process.

Justice Naeem Akhtar Afghan discussed the inclusion of the term “any person” in the Army Act, which has expanded the scope of military trials to include retired officers and civilians. He pointed out that if the specific section is declared invalid, it could also affect trials of retired officers.

The bench also requested that the Ministry of Defence provide detailed data on the number of civilians who have been tried in military courts, along with classification information. The case was adjourned until the next day, with Khawaja Haris set to continue his arguments.