ISLAMABAD: Justice Muhammad Ali Mazhar of the Supreme Court clarified on Tuesday that civilians would not face military court trials merely for standing near army checkpoints. However, they could be tried in military courts if they committed offences listed under the Army Act.
This statement was made during a constitutional bench hearing. The case revolves around appeals against decisions that allowed military court trials for civilians. Justice Musarrat Hilali expressed concerns about the “extension of powers” to try civilians under the Army Act. She questioned whether such trials were permissible.
Khawaja Haris, representing the Ministry of Defence, argued that the Supreme Court had previously ruled that civilians could be court-martialed under specific conditions. Justice Mandokhail raised a constitutional concern, questioning the authority of the Ministry of Defence. He pointed out that the Constitution prohibits an executive body from performing judicial functions.
Haris explained that the Army Act applies not only to armed forces personnel but also to civilians in certain circumstances. Justice Jamal asked whether criminal cases could fall under Article 8(3) of the Constitution, which addresses military discipline. Haris agreed, adding that armed forces personnel are also citizens like others.
The constitutional bench focused on whether extending military court jurisdiction to civilians aligns with the Constitution. Justice Mandokhail asked if joining the military limits fundamental rights. He highlighted that the Army Act was designed to maintain discipline within the armed forces, not to suppress civilian rights.
At the end of the hearing, senior journalist Hafeezullah Niazi raised concerns about his son’s treatment in jail. His son was recently convicted by a military court and transferred to a Lahore jail.
“My son is not being treated according to the jail manual,” Niazi said. He revealed that 22 convicts are confined in the high-security zone of Lahore Jail under similar conditions.
Justice Musarrat Hilali reminded the court that it had ordered compliance with the jail manual. She criticized the Punjab and federal governments for ignoring court directives.
Justice Muhammad Ali Mazhar noted that these individuals were no longer under trial but had already been sentenced. Sentences ranged from two to ten years. However, detailed reasons for these sentences were not provided.
The court directed the Punjab government to submit a report on the treatment of convicts transferred from military courts. Justice Ameenuddin stressed the need for transparency and compliance with legal protocols.
The bench adjourned the hearing until Wednesday. The Defence Ministry’s lawyer will continue his arguments in the next session.
