Supreme Court Hears Intra-Court Appeal Against Military Trials for Civilians

Islamabad: A seven-member constitutional bench of the Supreme Court, headed by Justice Aminuddin Khan, heard the intra-court appeal challenging the trial of civilians in military courts. During the proceedings, Justice (retd) Jawad S. Khawaja’s lawyer, Khawaja Ahmad Hussain, presented arguments before the bench.

Khaja Ahmad Hussain raised the point that those who are personally affected cannot conduct a fair trial, to which Justice Aminuddin remarked that the example of Indian spy Kulbhushan Jadhav is before them, stating that the Pakistan Army was not the only affected party in that case.

Justice Mohammad Ali Mazhar remarked that declaring Section 2(1)(d)(2) of the Army Act unconstitutional could hinder military trials in cases like that of Kulbhushan Jadhav. Hussain responded by stating that Jadhav’s case was not mentioned in the judicial decision.

Justice Hassan Azhar Rizvi asked, “If in the future a foreign spy is captured, where would their trial take place?” Hussain replied that the trial would be conducted in an Anti-Terrorism Court, to which Justice Rizvi responded with a smile, “Okay, then.”

Justice Aminuddin commented that it was strange to declare a law unconstitutional while exempting special remedies from it. Justice Mohammad Ali Mazhar further questioned if, in the future, the Pakistan Army could still use Section 2(1)(d)(2) of the Army Act.

Khawaja Ahmad Hussain confirmed that, under the current interpretation, the use of Section 2(1)(d)(2) would not be possible in the future, stating that the Army Act was never designed to try civilians, and it would be inappropriate to subject ordinary citizens to such a system.

The hearing on the appeal against military trials for civilians has been adjourned until Monday, when Khawaja Ahmad Hussain will continue presenting his arguments.