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Supreme Court Hears Appeals on Civilian Trials in Military Courts
Supreme Court resumes hearing on intra-court appeals regarding civilian trials in military courts. Key arguments presented by Lahore Bar Association and Supreme Court Bar Association stress the constitutional validity of the Army Act. The case has been adjourned until Monday.
ND
by News Desk
2025-03-06
Supreme Court Hears Appeals on Civilian Trials in Military Courts

A constitutional bench of the Supreme Court, led by Justice Aminuddin, resumed hearing intra-court appeals regarding the trial of civilians in military courts. Advocate Hamid Khan, representing the Lahore Bar Association and Lahore High Court Bar Association, presented his arguments.

 

At the start of the hearing, the Supreme Court Bar Association submitted written observations, asserting that civilians should not be tried in military courts. The submission also highlighted that various judicial rulings had upheld the constitutionality of the Army Act’s provisions, stating that they could not be deemed unconstitutional.

 

During the proceedings, Justice Jamal Mandokhail questioned whether civilians could legally be subjected to military trials. Advocate Hamid Khan responded by referencing the historical context of the Army Act, which was introduced in 1952, following the Government of India Act.

 

Justice Mandokhail further inquired about the relevance of martial law in this case, emphasizing that the Constitution does not permit martial law. Advocate Hamid Khan argued that past Supreme Court decisions had effectively closed the door on martial law. Justice Muhammad Ali Mazhar reinforced this point, stating that martial law is an extra-constitutional act with no mention in the Constitution.

 

Hamid Khan also noted that amendments allowing civilian trials under the Army Act were introduced in 1967, during a period of exceptional circumstances, including civil unrest in East Pakistan. However, he argued that after the enactment of the 1973 Constitution, past practices became irrelevant.

 

Justice Aminuddin acknowledged the historical context but advised that arguments should remain focused on the appeal regarding the annulment of two specific provisions under Article 8(5) of the Constitution.

 

Following the discussions, the constitutional bench adjourned the hearing until Monday.
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