Supreme Court Judge: Civilians May Be Tried Under Army Act for Military Offences
Supreme Court Judge: Civilians May Be Tried Under Army Act for Military Offences
Islamabad: Justice Muhammad Ali Mazhar of the Supreme Court stated on Tuesday that civilians would not be subjected to a military trial for solely standing near an army checkpoint. However, they would be subjected to a military trial if they committed an offense listed under the Army Act.
The remark was made during a constitutional bench’s hearing of a case focused on appeals against decisions that permitted civilian trials in military tribunals. It responded to Justice Musarrat Hilali’s apprehension regarding the “extension of powers” to try civilians under the Army Act. However, the issue of whether civilians can be tried in military courts remains unresolved.Throughout the proceedings, Khawaja Haris, representing the Ministry of Defence, contended that the apex court had previously determined that civilians could be court-martialed given specific circumstances.Justice Mandokhail expressed constitutional concerns at this juncture, questioning the ability of an executive entity such as the Ministry of Defence to serve as both an accuser and a judge. “The executive is explicitly prohibited from performing judicial functions by the constitution,” he observed.
Haris contended that the Army Act was not restricted to armed forces personnel but instead encompassed a variety of categories, including civilians in specific circumstances. Nevertheless, Justice Jamal raised concerns regarding the potential inclusion of criminal matters within Article 8(3) related to military discipline.Harris agreed that the Pakistan Armed Forces have just as many citizens as any other citizen in response to this.
The constitutional tribunal sought clarification regarding the constitutionality of extending military jurisdiction to civilians. Justice Mandokhail also questioned whether the armed forces deprive individuals of their fundamental rights, pointing out that the Army Act was implemented to preserve military discipline rather than to restrict civilian rights.
Accusations of unjust treatment in the Lahore detention
Hafeezullah Niazi, a senior journalist and the father of a convicted civilian, expressed his apprehensions regarding his son’s treatment after the hearing. A military court recently sentenced his son, who was subsequently transferred to prison.Niazi emphasized that 22 convicts are being detained in the high-security zone of Lahore Jail under similar conditions despite her son being relocated to the jail.Justice Musarrat Hilali observed that the Supreme Court had instructed the authorities to guarantee that the prison manual was adhered to. She stated that the Punjab and federal administrations were “ignoring court orders.”In the interim, Justice Muhammad Ali Mazhar emphasized that these individuals were not currently under trial but had already been sentenced. Some of them were sentenced to two to ten years. The court also observed that the underlying justifications for these sentences had not been provided in detail.
The court requested that the Punjab government provide reports on the treatment of convicts who were transferred from military tribunals. The court demanded transparency regarding whether the treatment was consistent with the jail manual.The Punjab government was directed by Justice Ameenuddin, the president of the Constitutional Bench, to address Niazi’s complaints in accordance with legal protocols.The court subsequently postponed the proceedings until Wednesday. The defense ministry lawyer will resume his arguments tomorrow.
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