Supreme Court Justice Muhammad Ali Mazhar stated that civilians wouldn’t face military trials merely for being near a military checkpoint but could be tried under the Army Act if they commit listed offences.
The remarks came during a constitutional bench hearing appeals against civilian trials in military courts. Justice Musarrat Hilali raised concerns over the extension of military powers to civilians, questioning its constitutional validity.
Khawaja Haris, counsel for the Defence Ministry, argued that the SC had previously allowed civilian court-martials in specific scenarios. Justice Mandokhail countered, asking whether an executive body could act as both prosecutor and judge.
Justice Jamal questioned whether criminal matters fall under Article 8(3), focusing on military discipline. Justice Mandokhail emphasized that the Army Act was designed for military order, not curtailing civilian rights.
