SC questions constitutional amendment for military court trials in APS tragedy

ISLAMABAD: The constitutional bench of the Supreme Court (SC) on Wednesday raised question about the need for constitutional amendment for military court trials of terrorists in APS case.

The bench, headed by Justice Aminuddin Khan, heard intra-court appeals challenging the decisions of military courts. The bench also comprised Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan.

Defense Ministry counsel Khawaja Haris continued his arguments by stating that the nature of a crime determined the trial forum. “If a civilian’s crime was linked to the armed forces, the trial would fall under military courts.”

May 9 riots accused would face military court trials, he maintained.Justice Mandokhail remarked that the intention behind the crime was a crucial factor and whether the crime was aimed against national interests. Khawaja Haris responded that evidence determined intent, which was evaluated during the trial.

Addressing historical cases, Justice Mandokhail queried why incidents like the GHQ and Karachi Air Base attacks were not tried in military courts. Justice Mandokhail inquired whether there was a link between the Army Public School tragedy and terrorism. The Defence Ministry’s lawyer confirmed that such a link existed.

At this juncture, Justice Mandokhail questioned why a constitutional amendment was necessary for trying terrorists in military courts.

Haris referenced the 21st constitutional amendment, which had expanded the scope of military court trials to include various crimes beyond traditional military discipline.

Khawaja Haris maintained that the Army Act and the Official Secrets Act were already in place during the Army Public School (APS) attack and other incidents, arguing that amendments were aimed at addressing broader crimes.

Later, the hearing was adjourned till tomorrow.