SC continues hearing on petitions against civilian trials in military courts

By Muhammad JuniadPublished On 18 Jul 2023

Islamabad: Supreme Court of Pakistan is hearing the petitions filed against the trial of civilians in military courts.

According to details, a six-member bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial includes Justice Ijaz-ul-Ahsan, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.

When the hearing started, petitioner President Supreme Court Bar Abid Zubiri said: “I have submitted a written response, and representing the Supreme Court Bar Association”.

Lawyer Abid Zuberi said, “I want to draw the attention of the court to the decisions of Supreme Court. A civilian cannot be tried under the Army Act”.

Justice Ajmal Mian's verdict has referred to section 8(2) which told that the military trial can be held only of army personnel. To try the civilians under Army Act, a constitutional amendment would be required, he told.

Lawyer Abid Zuberi continued to say that the 21st constitutional amendment is in the case judgment states a law that suspends fundamental rights cannot be applied.

“Justice Qazi Faez Isa declared that military courts are not constitutional courts for the trial of civilians. There is also the issue of calling up the forces under Article 245 in my plea,” said Zuberi.

The court said that if civilians are involved in defense matters, there can be a trial under the Army Act. The verdict allowed for judicial review of sentences by military courts, the main point being how the accused would be linked to the charges.