Justice Jamal Mandokhail asks if any forum that is not constituted under Article 175 could conduct trials of civilians
ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-March 12nd, 2025) Justice Muhammad Ali Mazhar of the Supreme Court remarked that the Army Act is specifically for members of the Pakistan Armed Forces.
A SC seven-member constitutional bench led by Justice Aminuddin Khan conducted the hearing on the appeals challenging civilians’ trial in the military courts.
During the proceedings, Justice Musarrat Hilali questioned whether military courts were established under Article 175, given that all courts are formed under this constitutional provision.
Justice Jamal Mandokhail inquired if any forum that is not constituted under Article 175 could conduct the trials of the civilians. Justice Muhammad Ali reiterated that the Army Act is meant exclusively for Pakistan’s military personnel.
Defense ministry’s argument
Khawaja Haris, counsel for the Ministry of Defence, stated that the Constitution of Pakistan explicitly mentioned that the Army Act is meant for maintaining discipline and performing duties within the Armed Forces.
He further contended that the May 9 incidents did not involve any acts of terrorism under the Anti-Terrorism Act.
Justice Jamal Mandokhail, however, observed that interfering with the military personnel’s duties constituted an offense under the Anti-Terrorism Act. Additionally, he pointed out that another charge in the May 9 incidents fell under the Official Secrets Act.
Khawaja Haris argued that Article 8 ensures that the Armed Forces can perform their duties effectively.
Referring to the FB Ali case, Justice Mandokhail mentioned that the question of fundamental rights was raised in that case. Khawaja Haris responded that the FB Ali case was challenged on the grounds that the fundamental rights were being violated.
The top court adjourned the hearing of the military courts until Thursday (tomorrow) while Khawaja Haris would continue his arguments in the case.
