ISLAMABAD: The Supreme Court of Pakistan has rejected the federal government’s request for a full court to hear the pleas against military trials of civilians. The decision came as a six-judge larger bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, resumed the hearing on the pleas on Tuesday.
Chief Justice Bandial informed Attorney General for Pakistan (AGP) Mansoor Usman Awan that judges were not available at the time, making it impossible to form a full court. On Monday, the federal government had argued before the apex court, asserting that the trial of individuals accused of violence against the armed forces, under the Pakistan Army Act (PAA) 1952, was an appropriate and proportionate response within the constitutional framework and statutory regime.
The government urged the court to dismiss all the petitions, citing Article 245 of the Constitution, which charges the armed forces with the obligation to defend Pakistan against external aggression or the threat of war. Consequently, the government claimed that trying perpetrators of such acts of violence under the PAA was essential to create deterrence.
Civilians Can Not Be Tried in Military Courts
During the hearing, Supreme Court Bar Association (SCBA) President Abid Zuberi made his submissions, highlighting a previous judgment in the Liaqat Hussain case, which stated that civilians could not be tried in military courts. He argued that only military personnel could be tried under army laws, and a constitutional amendment was required to try civilians under the Army Act.
The Chief Justice questioned the requirement of a constitutional amendment, considering the case of Liaqat Hussain was tried without one. Zuberi emphasized that a suspect’s direct link to the crime was essential for a trial to take place. The SCBA president also raised concerns about the extent of prosecution by military trials, suggesting that trials were conducted by members of the executive, not the judiciary.
After the arguments, the AGP commenced his submissions, referring to a note by Justice Yahya Afridi, which called for the formation of a full court. However, the request for a full court bench was rejected by the Supreme Court. The hearing was adjourned until the following day.
The petitions challenging the military trials of civilians were filed by former Chief Justice Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan. The petitioners sought a declaration that the trial of civilians by military courts is unconstitutional. They argued that certain sections of the Pakistan Army Act were inconsistent with the fundamental rights conferred by the Constitution and should be struck down.
