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Supreme Court Hears Civilian Trials in Military Courts Case
The Supreme Court’s seven-member bench resumed hearings on the trial of civilians in military courts under Justice Aminuddin Khan’s leadership. The Ministry of Defence’s lawyer, Khawaja Haris, presented counterarguments, emphasizing that it is Parliament’s role to define the application of laws, not the judiciary.
ND
by News Desk
2025-03-13
Supreme Court Hears Civilian Trials in Military Courts Case

The Supreme Court of Pakistan continued hearings on the trial of civilians in military courts, with a seven-member constitutional bench led by Justice Aminuddin Khan. During the proceedings, Ministry of Defence’s counsel, Khawaja Haris, defended the government’s stance, arguing that it is Parliament’s prerogative to determine the scope and applicability of laws, including the Army Act.

 

Key Legal Arguments and Judicial Observations

Justice Jamal Khan Mandokhail questioned the fundamental authority behind military court jurisdiction:

 

"The Army Act exists to maintain discipline within the military. But in my view, the Constitution is supreme, and even Parliament must function within its limits."

 

In response, Khawaja Haris asserted:

 

"Instead of looking at one specific clause, we must interpret the Constitution holistically. Determining the application of a law is the Parliament’s responsibility, not the judiciary’s."

 

Justice Mandokhail then raised a critical question:

 

"Can Parliament introduce additional provisions in the Army Act to expand its application to civilians?"

 

To this, Khawaja Haris replied, "That question is not currently before the court."

 

Concerns Over Judicial Standards in Military Courts

Justice Musarrat Hilali expressed concern over the legal status of military courts, asking:

 

"This case has been ongoing for a year, yet I have not received a clear answer—do military courts fall under Article 175? Are they held to the same legal standards as civilian courts?"

 

Khawaja Haris responded that he would address this question but first aimed to clarify Article 8 before moving forward.

 

Final Observations from the Bench

Justice Aminuddin Khan commented on the Army Act’s Section 2(1)(d) and stated that declaring it null and void may not be a correct decision. He also noted that the court agrees with Khawaja Haris’s argument on this point.

 

Conclusion

The case continues to raise critical constitutional questions about the separation of powers, judicial oversight, and the rights of civilians in military court trials. As legal arguments unfold, the Supreme Court’s ruling will have significant implications for Pakistan’s judicial and military framework.
Tagged:

CivilRights

PakistanLaw

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