Justice Mandokhail notes May 9 suspects have no connection with the armed forces
ISLAMABAD: Supreme Court Justice Musarrat Hilali remarked on Wednesday that military trials were initially designed for culprits in cases like the Army Public School (APS) tragedy. She questioned whether the same principle could apply to all civilians.
The concern was raised during a hearing on intra-court appeals against the military trial of civilians, presided over by Justice Amin-Ud-Din Khan.
Khawaja Haris, representing the Ministry of Defence, resumed his arguments from the previous session and presented a court verdict declaring military trials of civilians null and void.
Haris argued that precedents already existed for civilians being tried in military courts. He contended that Articles 8(3) and 8(5) of the Constitution had been misinterpreted.
Justice Jamal Khan Mandokhail responded by saying that the court would assess whether it agreed with the argument.
Haris explained that the FB Ali case was different since Brigadier FB Ali was tried after retirement as a civilian.
Justice Mandokhail clarified that the accused in the current case had no links to the armed forces. He questioned whether the Army Act could be applied universally to civilians.
Justice Hilali asked if fundamental rights were suspended under the Army Act, to which Haris replied that he would provide relevant examples later.
Justice Mandokhail further raised concerns about whether military trials were consistent for all cases involving martyrs, particularly in attacks targeting soldiers.
Justice Hilali emphasized that Pakistan’s Constitution remains intact and citizens’ fundamental rights are protected, as confirmed by court rulings.
The court’s October 23 verdict declared military trials of civilians null and void. However, this order was later suspended by a six-member bench on December 13, 2023, with Justice Hilali dissenting.
