ISLAMABAD: Supreme Court Justice Muhammad Ali Mazhar said on Tuesday that civilians cannot be subjected to military trials simply for being present near an army checkpoint; however, they can be tried if they are found guilty of committing an offence listed in the Army Act.
The remark was passed during a constitutional bench’s hearing of a case centred on appeals against decisions allowing civilian trials in military courts. It came in response to Justice Musarrat Hilali’s concern over “extension of powers” to try civilians under the Army Act, while the question remains whether the civilians can be tried in military courts.
During the proceedings, Khawaja Haris, representing the Ministry of Defence, argued that the apex court had previously ruled that civilians could be court-martialed under specific circumstances.
At this, Justice Mandokhail raised constitutional concerns, questioning whether an executive body like the Ministry of Defence could act as both accuser and judge. “The constitution clearly prohibits the executive from performing judicial functions,” he remarked
Haris argued that the Army Act was not limited to armed forces personnel, encompassing various categories, including civilians in specific situations. However, Justice Jamal questioned whether criminal matters could fall under Article 8(3), which pertains to military discipline.
Responding to this, Haris concurred that the members of the Pakistan Armed Forces are just as much citizens as any other citizens.
The constitutional bench sought clarity on whether extending military jurisdiction to civilians was constitutional. Justice Mandokhail further questioned whether joining the armed forces deprived individuals of fundamental rights, noting that the Army Act was introduced to maintain military discipline, not to curtail civilian rights.
