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Military Courts Not Part of Judiciary, Says SC Judge
Justice Muhammad Ali Mazhar clarifies that military courts are not part of the judiciary, as no ruling declares them judicial bodies. SC continues hearings on civilian trials.
ND
by News Desk
2025-03-05
Military Courts Not Part of Judiciary, Says SC Judge

During a hearing in the Supreme Court of Pakistan on the military trial of civilians, Justice Muhammad Ali Mazhar remarked that armed forces are not part of the judiciary, and no court decision has ever stated that military courts fall under the judicial system.

A 7-member bench led by Justice Aminuddin heard intra-court appeals concerning military trials of civilians. Abid Zuberi, representing former office bearers of the Supreme Court Bar, presented his arguments before the bench.

Historical Reference to FB Ali’s Case

Referring to the case of FB Ali, a war hero from 1965, Abid Zuberi highlighted that General Zia-ul-Haq had conducted his military trial post-retirement, questioning how a retired individual could misuse official authority. Justice Jamal Mandokhel commented that Zia-ul-Haq did what FB Ali intended to do.

Justice Mazhar asserted that the Pakistan Army Act lays out a comprehensive procedure for military trials, ensuring fundamental rights are protected. However, he noted that violations of the set procedure render such trials problematic.

Key Objections to Military Courts

Justice Mazhar outlined two main objections to military courts:
1️⃣ Lack of impartiality
2️⃣ Absence of legal expertise among military judges

During the proceedings, he questioned the legal status of military courts, stating that if they are considered part of the judiciary, they should function as such.

Abid Zuberi countered, stating that military courts are part of the executive branch rather than the judiciary.

Judges Debate Army’s Role in Civilian Trials

Justice Mazhar inquired whether the petitioners recognized military courts as part of the judicial system, warning that their acknowledgment would alter the case’s outcome.

Justice Mandokhel clarified that Section 2D of the Army Act does not explicitly designate military courts as the forum for trial. He further noted that anti-terrorism courts (ATCs) also hold jurisdiction over such offenses if sufficient evidence is presented.

In response, Abid Zuberi argued that trials in military courts should only be limited to individuals who are part of the armed forces, adding that under Article 10A and Article 4, civilians cannot undergo court martial.

Hearing Adjourned Until Tomorrow

Following detailed discussions, the constitutional bench adjourned the hearing until tomorrow, leaving key legal questions unresolved.

With civilian trials in military courts remaining a highly contested issue, the Supreme Court’s decision will have far-reaching implications on civil rights and legal jurisdiction in Pakistan.
Tagged:

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