Military Trials for Civilians Questioned: Supreme Court Discusses Applicability
ISLAMABAD: Justice Musarrat Hilali, part of the Supreme Court’s constitutional bench, raised concerns on Wednesday about the use of military trials for civilians under the Pakistan Army Act (PAA). She highlighted that such trials were initially designed for extreme incidents like the 2014 Army Public School (APS) attack and questioned their relevance for civilians involved in the May 9 protests.
Justice Hilali noted that while the rights of those facing military trials might be limited, the Constitution’s guarantee of fundamental rights remains intact. She also questioned whether the accused fully understood the severity of their actions and the punishments they might face.
Khawaja Haris Ahmed, representing the Ministry of Defence, assured that fundamental rights are preserved in such cases and cited past court rulings to support his stance.
The seven-member bench was hearing appeals against an October 23, 2023 decision that overturned the trial of civilians in military courts. Justice Muhammad Ali Mazhar remarked that existing laws already define offenses, while Justice Jamal Khan Mandokhail emphasized that those accused in the May 9 cases were neither military personnel nor ex-servicemen.
Justice Mandokhail questioned the extent to which civilians could be tried in military courts and raised concerns about whether even having anti-military sentiments could lead to such trials.
Justice Naeem Akhtar Afghan pointed out that if the court upheld the October 23 ruling, civilians could no longer face military trials. However, if the court decided otherwise, it must clearly define which civilians could be subjected to such trials.
Justice Mandokhail reiterated the importance of Parliament’s role in defining crimes and establishing appropriate legal forums while emphasizing that the Constitution remains supreme over parliamentary authority.
The defense counsel argued that the October 23 ruling misinterpreted clauses in the Constitution, citing the Brigadier F.B. Ali case, where a retired military officer was tried in a military court as a civilian.
Punjab Government’s Compliance Assurances
Meanwhile, the Punjab government assured the Supreme Court that individuals convicted in the May 9 violence were being treated according to the Pakistan Prison Rules of 1978. Additional Advocate General (AAG) Waseem Mumtaz stated that basic facilities were being provided.
A report revealed that 28 convicts were admitted to Lahore’s Kot Lakhpat Jail in December 2024, following military court convictions. Two individuals were later released in January 2025 after receiving sentence remissions.
Responding to claims by analyst Hafeezullah Niazi about poor jail conditions, the court was informed that prisoners were provided with separate cells, hygienic meals, bedding, and access to family visits on Fridays. They could also purchase items from a prison outlet and receive home-cooked food from family members.
Justice Hilali shared her experiences as Chief Justice of the Peshawar High Court, where she encountered restrictions on visiting high-security compounds housing individuals convicted by military courts. Justice Mandokhail remarked that even serious offenders like murderers and terrorists were granted some freedoms in prison, questioning the treatment of May 9 accused.
The court sought an updated report on the conditions of these prisoners, including restrictions on meeting their lawyers and solitary confinement practices.
