Islamabad: On Monday, Supreme Court Justice Jamal Khan Mandokhail raised questions regarding the powers of military courts under the Army Act.
The constitutional bench heard an intra-court appeal against the trial of civilians in military courts, during which senior lawyer Salman Akram Raja presented arguments. Raja referred to the 1962 Constitution and explained that the ruling in the FB Ali case allowed military trials for civilians as long as their fundamental rights were protected.
Justice Mandokhail questioned, “What are the powers of military courts under the Army Act? Can a non-military person be tried solely based on their crime?” Raja explained that the discussions in the FB Ali case revolved around Clause 2(d)(i) of the Army Act, which allowed for the creation of separate courts for cases involving incitement of the armed forces and crimes linked to national defense.
Justice Mandokhail further asked for the definition of “nexus” in the FB Ali case, to which Raja clarified that it referred to the incitement of military personnel and the direct link between the crime and Pakistan’s defense.
The court adjourned the hearing of the case until February 10 for further proceedings.
