January 7, 2025
By Rana Malhi
ISLAMABAD
The Constitutional Bench of the Supreme Court of Pakistan on Tuesday (today), January 7, heard the case pertaining to the trial of civilians in military courts.
During the hearing, Advocate Khwaja Haris Ahmad representing the Ministry of Defence argued that the Supreme Court had, in the past, ruled that civilians working in the armed forces can be court-martialed. Jamal Khan Mandokhail inquired whether the executive, which is an administrative body, can itself act as a jurist and make decisions and observed that the division of powers in the Constitution is clear and therefore the executive cannot play the role of the judiciary.
In response, Advocate Haris Ahmad stated that in the absence of any other legal forum, the executive is empowered to make a decision. However, Justice Mandokhail asserted that the Anti-Terrorism Courts (ATC) are one such legal forum, and adjourned the hearing for January 8 (tomorrow).
Speaking to the media outside the courtroom, senior Supreme Court lawyer Aitzaz Ahsan said that the military absolved itself of any pressure by sentencing civilians and then releasing them.
Salman Akram Raja, a senior lawyer of the Pakistan Tehreek-e-Insaf (PTI), asserted that trying civilians in military courts is in violation of the Constitution.
Senator and senior leader of the PTI, Hamid Khan, stated that military courts are not considered proper legal courts because they lack due process.
PTI member of the National Assembly (MNA) and senior lawyer Latif Khosa claimed that the standards against which civilians who are tried in military courts are unknown.