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Supreme Court Hears Intra-Court Appeal on Civilians’ Trial in Military Courts
SC hears arguments on military trials of civilians. Justice Hassan Azhar: "Wherever the military is involved, military courts will be involved." PTI lawyer Uzair Bhandari challenges constitutional scope.
ND
by News Desk
2025-02-25
Supreme Court Hears Intra-Court Appeal on Civilians’ Trial in Military Courts

The Supreme Court of Pakistan continued hearing an intra-court appeal against the trial of civilians in military courts. A seven-member constitutional bench, headed by Justice Aminuddin Khan, presided over the proceedings, during which PTI founder’s lawyer Uzair Bhandari presented his arguments.

During the hearing, Justice Hassan Azhar made a significant remark, stating that military courts would be involved wherever the military is involved. His comment was in reference to the attacks on military installations, which fall under the security jurisdiction of army personnel. The judge also noted that media footage had already provided evidence of such incidents.

Justice Musarrat Hilali, inquiring about historical precedents, asked whether fundamental rights were granted under the 1962 Constitution during Ayub Khan’s rule. In response, lawyer Uzair Bhandari stated that fundamental rights were not available during that period.

Bhandari further argued that 103 individuals are currently being tried in military courts, and the key question before the Supreme Court is to determine the extent to which the law can be expanded in such cases. He emphasized that despite the 21st Constitutional Amendment, the court had previously ruled that its implementation was due to specific circumstances. Therefore, constitutional protection would be required to apply the Army Act to civilians.

Referring to the FB Ali case, Bhandari highlighted concerns over the fairness of trials in military courts. He pointed out that court martial proceedings lack transparency, with no fixed judicial terms, legal training for judges, or a structured right of appeal. He argued that death sentences have been issued without proper legal oversight, leaving convicts with only the option of appealing for mercy to the Army Chief. Though the jurisdiction of the writ is available in High Courts, it remains limited.

Justice Aminuddin responded to concerns over transparency by questioning how letters from military trials reach outside if legal documents are not allowed to be taken away.

After hearing Bhandari’s arguments, the Supreme Court adjourned the case until the next day.

Judicial Reference to Bajwa's Tenure Extension

In a related discussion, Justice Naeem Akhtar referenced the extension of former Army Chief General (retd) Qamar Javed Bajwa’s tenure, noting that there was no existing law for such an extension. He recalled that the Supreme Court had instructed Parliament to legislate on the matter.

Justice Aminuddin added that, at the time, all stakeholders had gathered to ensure a notification for the extension, highlighting the political and legal complexities involved.

Justice Muhammad Ali Mazhar also drew a comparison with India's military court system, referencing the Kulbhushan Jadhav case. He noted that in India, special legislation was enacted to provide the right to appeal in military trials following an international court ruling. However, Uzair Bhandari stated that he was unaware of whether the Indian Parliament had independently legislated the right to appeal or if it was a directive from the judiciary.

The hearing will continue as the Supreme Court deliberates on the constitutional implications of trying civilians in military courts.
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Pakistan

PTI

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