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SC Bench Directs Defense Ministry to Present Military Court Verdicts Beyond May 9 Cases
The Supreme Court has ordered the Defense Ministry to provide examples of military court verdicts unrelated to May 9 cases. Judges raised concerns over fair trials, transparency, and the independence of military courts.
ND
by News Desk
2025-01-29
SC Bench Directs Defense Ministry to Present Military Court Verdicts Beyond May 9 Cases

Islamabad: The Supreme Court of Pakistan’s constitutional bench has directed the Ministry of Defense to present examples of military court decisions apart from those related to the May 9 riots, questioning the transparency and legality of military trials for civilians.

A seven-member bench, headed by Justice Aminuddin Khan, heard the intra-court appeal challenging the trial of civilians in military courts. Defense Ministry’s lawyer Khawaja Haris presented arguments on behalf of the government.

Key Points from the Hearing

🔹 Fair Trial Concerns: Justice Musarrat Hilali questioned whether an investigation is conducted before charges are framed, while Justice Ali Mazhar clarified that investigation precedes formal charges.

🔹 Legal Representation for Accused: Justice Hassan Azhar inquired whether the government provides lawyers for those who cannot afford legal counsel. The defense lawyer confirmed that legal assistance is provided under the Army Act.

🔹 Military Court Independence Questioned: Justice Mandokhel noted that a session judge achieves their position after decades of experience, whereas military court judges are subordinate to the military hierarchy.

🔹 Media & Family Access: The bench also raised concerns over restricted public and media access to military trials, questioning whether the principles of transparency and fair justice are upheld.

🔹 May 9 Cases & Public Transparency: Justice Hassan Azhar suggested making military trial records public to allow citizens to see the evidence against the accused. However, the Defense Ministry’s lawyer deferred the decision to higher authorities.

Constitutional Challenges

Justice Mandokhel asked if military courts comply with Article 175 of the Constitution, which outlines the separation of judicial powers. The Defense Ministry’s lawyer argued that Pakistan’s legal framework allows military courts and that they exist in many other countries as well.

During the hearing, sealed records of military trials were presented to the court. However, six out of seven judges refused to review the documents, stating that trial records should be assessed during appeals rather than at this stage.

Next Steps

The Supreme Court is expected to continue reviewing the constitutional validity of military trials for civilians, particularly in cases that do not directly involve state security threats.

The outcome of this case could have major implications for civil rights, military oversight, and the future of military trials in Pakistan.
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