Pakistan’s Supreme Court’s constitutional bench on Tuesday examined the legality of military courts trying civilians, with judges raising critical constitutional questions about the scope of the Army Act.
Defense Ministry lawyer Khawaja Haris argued that civilians could be tried under the Army Act if they committed the offenses listed in its provisions.
However, Justice Jamal Mandokhail questioned how an executive body like the military could act as a judge in civil matters, emphasizing that the Constitution prohibits such arrangements.
“The Army Law was designed to maintain discipline within the armed forces. Extending it to civilians requires clear justification,” Justice Mandokhail commented.
Justice Muhammad Ali Mazhar clarified that simply being near a military checkpoint does not justify a trial under the Army Act. “Only if a civilian commits a crime defined by law can he be tried,” he said.
The court also debated whether disobeying military orders, such as approaching a restricted checkpoint, could be considered interference with the duties of the armed forces. The Defense Ministry maintained that the law includes provisions for specific situations involving civilians.
Justice Musarrat Hilali highlighted the broader implications of expanding the jurisdiction of military courts, saying: “The key question is whether civilians can be tried.”
