ISLAMABAD: The questions about the legitimacy of military trials of civilians in light of Article 8 were the highlight of Thursday’s hearing as the Supreme Court’s constitutional bench took up appeals against military trials concerning the May 9 attacks on army installations.
Headed by Justice Aminuddin Khan, the seven-member constitutional bench resumed the hearing on a number of Intra-Court Appeals (ICAs) against the Oct 23, 2023 five-judge order that nullified the trial of civilians by the military courts. Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali, and Justice Shahid Bilal Hassan were also part of the bench.
Justice Mandokhail wondered how an individual, not subject to the Pakistan Army Act (PAA) 1952, could be deprived of fundamental rights guaranteed under the Constitution if tried under the army’s disciplinary structure. Justice Mandokhail noted that the army discipline would be adversely affected in case ordinary civilians were also brought into its ambit.
Justice Mandokhail said army discipline would apply to someone in the military just like the agriculture department’s rules would apply to someone working in that department, questioning how the army act could be applied to someone who was not part of the army. Will it not be a violation of Article 8 to bring an unrelated person under the military discipline, he wondered.
