Title: Apex court's CB seeks clarity on civilians being tried under Army Act
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The constitutional bench of the Supreme Court of Pakistan on Tuesday scrutinised the legality of military courts trying civilians, with judges raising critical constitutional questions about the scope of the Army Act.
The defence ministry’s lawyer, Khawaja Haris, argued that civilians could face trial under the Army Act if they committed crimes listed in its provisions.
Justice Jamal Mandokhail, however, questioned how an executive body like the military could serve as judge in civilian matters, emphasising that the Constitution prohibits such arrangements.
“The Army Act was designed to maintain discipline within the armed forces. Extending it to civilians requires clear justification,” Justice Mandokhail remarked.
Justice Muhammad Ali Mazhar clarified that simply standing near a military checkpoint does not warrant a trial under the Army Act. “Only if a civilian commits an offence defined under the act can they face trial,” he said.
The bench also debated whether disobeying military orders, such as approaching a restricted checkpoint, could be considered interference with the armed forces' duties. The defence ministry maintained that the act includes provisions for specific situations involving civilians.
Justice Musarrat Hilali highlighted the broader implications of expanding military courts’ jurisdiction, stating, “The key question is whether civilians can be tried at all.”
Published Date: 07-Jan-2025
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