The Supreme Court of Pakistan raised concerns about the civilian test under the Army Law, and several judges questioned their constitutional validity during a high profile hearing.
A constitutional bank of seven members, headed by Judge Aminuddin Khan, heard the final arguments of Khawaja Haris, lawyer of the Ministry of Defense, on Friday in a case challenging the military trial of civilians.
The case follows the attacks of May 9 against military facilities, in which several civilians were accused under military laws, said Express News.
Judge Naeem Akhtar Afghano said that the Army Law was originally destined to apply only to the members of the Armed Forces. “If civilians were included, it should have explicitly mentioned,” he said.
Judge Musarrat Hilali called the 1973 Constitution “strong and clear”, adding that the legal framework of the military seems to collide with him. “The purpose was to maintain discipline within the forces. It is not intended for civilians,” he said.
Judge Hasan Azhar Rizvi questioned the case selection process for military courts. “If a civilian attacks a military site, how is it related to the Army Law?” asked.
In response, Haris argued that the military courts were constitutionally backed, operating both in times of war and in peacetime, and ensured just trial rights.
Judge Jamal Commandkhail, meanwhile, commented: “We do not risk looking for acquittal for one act and inviting problems to another.”
The court recognized that several legal provisions of the past times of the martial law of Pakistan retired through constitutional amendments, but the military judicial provisions remained intact.
The audience was postponed until April 28.
