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SC Judge: All 5 Judges Agreed on No Military Trials for Civilians
Justice Jamal Mandokhel states that all 5 Supreme Court judges agreed that civilians cannot be tried in military courts. A 7-member bench is hearing an intra-court appeal on the issue.
ND
by News Desk
2025-02-26
SC Judge: All 5 Judges Agreed on No Military Trials for Civilians

Supreme Court Justice Jamal Khan Mandokhel has remarked that all five judges of the previous bench were unanimous in their decision that civilians cannot be tried in military courts.

His remarks came during a hearing by a 7-member constitutional bench headed by Justice Aminuddin, which is reviewing an intra-court appeal challenging the military trials of civilians.

Key Arguments in Court

During the hearing, Advocate Faisal Siddiqui stated that there were three separate decisions from the five-member bench, written by Justice Ayesha Malik, Justice Muneeb Akhtar, and Justice Yahya Afridi. However, he emphasized that all judges agreed on the core ruling, even if they cited different reasons.

Justice Muhammad Ali Mazhar clarified that these were not merely additional notes but full-fledged judicial decisions.

Jurisdiction & Legal Debate

Justice Mandokhel raised a critical point, asking whether the court must determine its own jurisdiction in the case or whether an objection from a party was necessary. Justice Aminuddin responded that the court itself must define its jurisdiction.

Siddiqui argued that the constitutional bench has the power to invalidate military trials of civilians without nullifying sections of the Pakistan Army Act.

Justice Naeem Akhtar Afghan questioned whether there was a formal order from an Anti-Terrorism Court (ATC) judge for the transfer of civilians to military courts. Faisal Siddiqui confirmed that such an order existed but lacked proper reasoning.

FIRs & the Army Act

Justice Jamal Mandokhel pointed out that the Pakistan Army Act does not include the concept of an FIR, while Siddiqui explained that magistrates review cases before transferring them to Anti-Terrorism Courts.

Justice Aminuddin remarked that if a case is transferred, the ATC judge must provide legal reasoning and questioned the legal remedies available to an accused person once handed over to the military court.

Next Steps

After hearing initial arguments, the Supreme Court adjourned the case until tomorrow for further proceedings.
Tagged:

judiciary

SupremeCourt

MilitaryTrials

PakistanLaw
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