SC seeks data on civilian trials in military courts

ISLAMABAD: The Supreme Court (SC) Thursday ordered Ministry of Defence to submit data regarding civilian trials in military courts, specifically inquiring about the number of civilians, excluding Indian spy Kulbhushan Jadhav.

The bench, headed by Justice Aminuddin Khan, continued hearing 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.

During the hearing, Ministry of Defence lawyer Khawaja Haris stated that once Article 8, Section 3 applies, fundamental rights are nullified.

Justice Naeem Akhtar remarked that the Army Act addresses officers and personnel of the armed forces, and before the amendment, retired officers were tried in military courts.

Read more: SC questions constitutional amendment for military court trials in APS tragedy

Now, civilians have also been included in military trials, raising concerns that the term “any person” in the law lacks a clear definition. Justice Akhtar suggested that this might be a flaw in the legislation.

The SC also discussed how military trials should be conducted, with Justice Hassan Azhar Rizvi highlighting the importance of reviewing trial records to assess the merit of evidence.

However, the Ministry of Defence’s lawyer refused to provide this record, leading to criticism from the court.

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

Justice Azhar questioned why the ministry had denied providing the trial records, stressing that the principle of justice dictates decisions should not be made without hearing all sides.

The hearing has been adjourned till tomorrow.