Supreme Court Justice Muhammad Ali Mazhar stated on Tuesday that civilians cannot be subjected to military trials solely for being near an army checkpoint but may be prosecuted if they are found guilty of offences listed in the Army Act. This observation was made during a constitutional bench hearing on appeals challenging the legality of civilian trials in military courts. Justice Musarrat Hilali expressed concerns about the “extension of powers” under the Army Act and questioned whether it was constitutional to subject civilians to military jurisdiction.
Khawaja Haris, representing the Ministry of Defence, argued that the Supreme Court had previously allowed for the court-martial of civilians under certain conditions. However, Justice Mandokhail raised constitutional concerns, questioning whether the Ministry of Defence, as an executive body, could act as both prosecutor and judge. He emphasized that the constitution prohibits the executive from performing judicial functions.
Haris explained that the Army Act is not limited to armed forces personnel and can apply to civilians in specific cases. Justice Jamal questioned whether criminal matters could be addressed under Article 8(3), which pertains to military discipline. Haris responded that members of the armed forces have the same fundamental rights as other citizens.
The bench sought clarity on whether extending military jurisdiction to civilians aligns with constitutional principles. Justice Mandokhail questioned whether joining the armed forces results in the forfeiture of fundamental rights, noting that the Army Act was designed to maintain military discipline, not to infringe on civilian rights.
During the hearing, senior journalist Hafeezullah Niazi raised concerns about the treatment of his son, who was sentenced by a military court and transferred to Lahore Jail. He alleged that his son, along with 21 other convicts in the high-security zone, was not being treated according to the jail manual. Justice Musarrat Hilali reminded authorities of the Supreme Court’s directive to ensure compliance with the jail manual and criticized the Punjab and federal governments for failing to adhere to court orders.
Justice Muhammad Ali Mazhar noted that the prisoners had already been sentenced, with terms ranging from two to ten years, but detailed justifications for the sentences had not been provided. The court requested reports from the Punjab government on the treatment of convicts transferred from military courts, emphasizing the need for transparency and compliance with legal protocols.
Justice Ameenuddin, presiding over the bench, directed the Punjab government to address Niazi’s concerns and ensure adherence to the law. The proceedings were adjourned until Wednesday, with the defence ministry’s lawyer set to continue his arguments.
