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Supreme Court Questions Military Trials for Civilians, Raises Concerns Over Definitions and Sentencing
Justice Jamal Mandokhel and other members of the bench raise critical questions on the scope of military trials, sentencing, and the definition of "Defense of Pakistan." Legal experts debate the legitimacy of military court trials in civilian cases. #PakistanLaw #MilitaryCourts #SupremeCourt
ND
by News Desk
2025-04-10
Supreme Court Questions Military Trials for Civilians, Raises Concerns Over Definitions and Sentencing

Islamabad: A crucial hearing regarding the trial of civilians in military courts was held in the Supreme Court, with a 7-member constitutional bench led by Justice Aminuddin Khan reviewing the appeal. The case brought attention to the practice of military trials for civilians, raising significant legal concerns.

During the proceedings, Justice Jamal Mandokhel questioned whether higher sentences in military courts might lead to the loss of cases, adding that the broader definitions of “Defense of Pakistan” could potentially cover almost any government facility or activity. He questioned the extent of the term, suggesting that even public spaces such as shopping malls and railway stations could fall under this definition, further complicating the issue of jurisdiction.

Justice Naeem Afghan also raised concerns about restricted areas in cantonments, asking if a civilian who violates access restrictions in such areas would face trial in a military court. Justice Muhammad Ali Mazhar highlighted the situation in Karachi, where cantonment areas do not constitute prohibited zones, thus questioning the application of military trials for violations there.

Justice Mandokhel further remarked that military courts seem to have a higher rate of convictions due to their more severe punishments. He questioned why certain cases are not processed in civilian courts, despite the Army Act being applicable. He also raised the issue of the lack of an independent forum for military trials, suggesting that civilian oversight should be considered.

The defense ministry’s lawyer, Khawaja Haris, reiterated that military trials are reserved for cases related to the Defense of Pakistan, arguing that the constitution exempts such trials from being examined in the context of fundamental rights.

The ongoing case continues to spark debate over the jurisdiction of military courts and their applicability to civilians, with the bench scheduled to deliberate further in the coming days.
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