Islamabad: Six-member bench of Supreme Court (SC) started hearing petitions against trial of civilians in military courts after larger bench was dismissed earlier in day.

Bench headed by Chief Justice of Pakistan now comprises Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik. CJP told lawyer of PTI Chairman, Hamid Khan that instead of arguments, tactics are being employed here. “You have also made various pleas in application,” he added. Another petitioner’s counsel Salman Akram Raja said his client’s case was also before military courts, adding trial was fixed under Article 175 only, which an appointed judge can do. When FPLE case was decided, principle of separation of powers was not clear. To this, Justice Malik asked how that case was related. “FPLE case was related to retired Army officers,” she remarked. Justice Akhtar asked lawyer if he was trying to say that even an Army officer cannot be tried or court-martialed in military court.

Salman Raja responded that if trial does not affect person’s constitutional rights, it can be held in special court, adding rights are not violated in an ATC or banking court. CJP remarked that Tuesday is last working day and asked for relevant arguments to be made. Justice Malik asked if objection to trial of civilians in military courts is limited to extent of Article 175(3). CJP Bandial hoped that trial in military court would not commence against anyone during proceedings on case in Supreme Court. FPLE case was related to the issue of an internal matter of retired soldiers with Army, she observed. CJP remarked that there were several verdicts related to military courts, asking if they also want to argue about trial of soldiers in military courts. The lawyer further said there were two types of civilians - those who offer services to the armed forces and are bound by the military discipline, and those who have nothing to do with the military. The trial of the second type of civilians can only be held by an appointed judge under Article 175(3). CJP Bandial asked if military court verdicts can be challenged anywhere. Lawyer responded that they can be challenged before Army chief or committee formed by him.

“You can say that sphere of appeal in these courts should be expanded,” he added.

Justice Naqvi asked if lawyer was saying military court is parallel system and cannot be called court.

Justice Akhtar asked if emergency is imposed in country or fundamental rights are suspended, can civilians be then tried in military courts.

“Are civilians tried in military courts in this region?” Justice Malik asked.

CJP asked lawyer to refer to decision on 21st Amendment which mentions application of Army Act on those who assault armed forces.

If someone is guilty, they should be punished, remarked PTI Chairman’s lawyer. He sought formation of judicial commission to probe into incidents of May 9. Hearing was then adjourned till 9:30am today.

Published in The Daily National Courier, June, 27 2023

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