ISLAMABAD: The Supreme Court resumed hearing on Tuesday appeals challenging the trial of civilians in military courts, raising significant constitutional concerns regarding the scope of the Army Act and the protection of fundamental rights. A seven-member bench, led by Justice Aminuddin Khan, is hearing petitions that argue such trials undermine constitutional safeguards and bypass civilian judicial systems.
Justice Naeem Akhtar Afghan pointed out that trying civilians under military law would require a constitutional amendment. “A constitutional amendment should have been made for the court martial of civilians,” he stated, questioning the legal foundation of military trials for civilians without changes to the Constitution.
Justice Jamal Khan Mandokhel also expressed concern, emphasizing that the severity of an offense does not justify the suspension of fundamental rights. “Even if a terrorist commits a crime, do they not have fundamental rights?” he asked, highlighting the importance of maintaining constitutional protections regardless of the crime’s nature.
In response, Defense Ministry counsel Khawaja Haris argued that military personnel also face restrictions on their rights under the Constitution, but Justice Mandokhel clarified that military personnel voluntarily accept such limitations when joining the army.
The bench further questioned the legal basis of applying military law preemptively to potential conspiracies, referring to military trials conducted under the Army Act. The hearing was adjourned until Thursday after intense exchanges between the bench and Haris.
