Supreme Court of Pakistan’s Constitutional Bench made important remarks during the hearing of the case regarding the trial of civilians in military courts, stating that merely standing outside a military checkpoint will not result in action against a civilian, but if a civilian commits a crime listed under the Army Act, they will be tried.
The Constitutional Bench heard arguments from the Ministry of Defense’s lawyer, Khawaja Haris, and Justice Jamal Mandokhail asked whether the Ministry of Defense is an executive body and if the executive can act as judge and jury.
Justice Jamal further stated that the Constitution clearly states that the executive cannot assume the role of the judiciary, and questioned the legitimacy of military courts trying civilians.
Khawaja Haris explained that the Army Act is not limited to armed forces personnel but includes various categories.
Justice Jamal questioned whether Article 8(3) can apply to criminal cases, as the Constitution mentions fundamental rights of citizens.
The Ministry of Defense’s lawyer stated that military personnel are also citizens, prompting Justice Jamal to ask if military personnel can be deprived of fundamental rights.
The court inquired whether a civilian approaching a military checkpoint would be tried in a military court.
Justice Mohammad Ali Mazhar stated that if a civilian commits a crime listed under the Army Act, they will be tried, but merely standing outside a checkpoint will not result in action.
