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Supreme Court Questions Military Trials of Civilians, Limits Scope of Constitutional Bench Hearing
SC hears case on military trials of civilians. Judges question if any forum outside Article 175 can try civilians. Defense lawyer argues that fundamental rights are not impacted under Article 6(3).
ND
by News Desk
2025-03-12
Supreme Court Questions Military Trials of Civilians, Limits Scope of Constitutional Bench Hearing

The Constitutional Bench of the Supreme Court has emphasized that its scope of hearing will be limited as it is not a high court. The remarks were made during a case hearing on the military trial of civilians in military courts, led by Justice Aminuddin.

Defense Ministry lawyer Khawaja Haris presented arguments, responding to the points raised by opposing lawyers. Justice Muhammad Ali Mazhar asked him to focus on key areas that were previously left unaddressed.

During the proceedings, Justice Musarrat Hilal questioned whether any forum outside Article 175 of the Constitution could try civilians. This raised concerns over the legality of military trials for civilians.

Justice Muhammad Ali Mazhar reiterated that the constitutional bench has a limited scope, as it functions differently from a high court. Defense lawyer Khawaja Haris contended that the constitutional bench can still refer cases back in appeal.

Justice Jamal Mandokhel added that even if the court agrees with the central decision, it can still express an independent opinion. He also pointed out that fundamental rights have been excluded in Article 6(3), which Haris supported by stating that fundamental rights would only apply under Clause 1 of Article 6.

The case continues to stir debate over the constitutionality of military trials for civilians, with the Supreme Court carefully examining legal provisions to determine the way forward.
Tagged:

Pakistan

SupremeCourt

Constitution

MilitaryCourts

FundamentalRights
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