SC questions lack of independent forum for military trials
Pakistan
Do cases go to military courts because harsher punishments are expected there, asks judge
ISLAMABAD (Dunya News) - The Supreme Court’s constitutional bench observed that while the Army Act is a valid law, questions remain about the absence of an independent forum for military trials.
The remarks came during a hearing on the legality of trying civilians in military courts. The case was heard by a seven-member larger bench, led by Justice Aminuddin Khan.
During the proceedings, Justice Muhammad Ali Mazhar pointed out that "Defence of Pakistan" and "Defence Services of Pakistan" are two separate concepts.
Justice Naeem Akhtar Afghan remarked that entering a restricted area is also considered a violation. “Shopping malls have been built inside Cantonment areas. If I forcibly enter without a permit, will I also be tried in a military court?” he asked.
“This is the first case under the post-1967 amendments that we are hearing.”
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He added that civilians could be at risk in cities like Lahore, Quetta, and Gujranwala where Cantonment areas exist.
Justice Jamal Khan Mandokhail said such disputes are frequently seen in Quetta Cantt.
Justice Mazhar noted that shopping malls are not declared restricted zones, adding that Karachi has six to seven Cantonment areas, but major roads there are not marked as restricted.
Justice Mandokhail shared a personal incident where he was denied entry into a Cantonment due to not having a permit. He questioned the broad interpretation of “Defence of Pakistan,” saying even the Supreme Court and parliament could fall under it.
He added that although the Army Act is a valid law, since the insertion of Article 10-A in the Constitution (which ensures the right to a fair trial), earlier practices need to be reassessed. “Why is there no independent forum for military trials?” he asked.
Justice Mandokhail further remarked that if military trials are allowed simply for entering a restricted area, then it would be very easy to try anyone under such laws. “Do cases go to military courts because harsher punishments are expected there? Why can't these trials be conducted in standard courts?”
The court adjourned the hearing until April 15.
