Justice Muhammad Ali Mazhar of the Supreme Court stated on Tuesday that civilians would not face military trials merely for being near an army checkpoint. However, they could be tried if they committed an offense outlined in the Army Act.
The statement was made during the hearing of a constitutional bench reviewing appeals challenging the validity of civilian trials in military courts. The remarks came in response to Justice Musarrat Hilali’s concerns about the “extension of powers” to try civilians under the Army Act. The central question remained whether such trials align with constitutional principles.
Khawaja Haris, representing the Ministry of Defence, argued that the Supreme Court had previously permitted the court-martial of civilians under specific circumstances. Justice Mandokhail, however, raised constitutional objections, questioning if an executive body like the Ministry of Defence could serve as both accuser and judge. “The constitution clearly prohibits the executive from performing judicial functions,” he emphasized.
Haris contended that the Army Act was not exclusive to armed forces personnel and could apply to civilians in defined situations. Justice Jamal expressed reservations, questioning whether criminal matters involving civilians could fall under Article 8(3), which pertains to military discipline.
Haris acknowledged that members of the armed forces are citizens of Pakistan, but the bench sought clarity on whether extending military jurisdiction to civilians was constitutionally valid. Justice Mandokhail further inquired whether joining the armed forces restricted fundamental rights, pointing out that the Army Act was designed to maintain military discipline, not to infringe upon civilian rights.
Allegations of Unfair Treatment in Lahore Jail
Toward the end of the hearing, senior journalist Hafeezullah Niazi, father of a civilian convicted by a military court, raised concerns over his son’s treatment in jail. He revealed that his son, along with 21 other convicts held in Lahore Jail’s high-security zone, was being denied rights guaranteed under the jail manual.
“Despite being transferred to jail, my son is not being treated as per the jail manual,” Niazi complained, drawing attention to alleged violations.
Justice Musarrat Hilali noted that the Supreme Court had previously ordered authorities to ensure compliance with the jail manual. She criticized the Punjab and federal governments for disregarding these directives.
Justice Muhammad Ali Mazhar observed that the individuals in question had already been sentenced by military courts, with penalties ranging from two to ten years. However, the court highlighted that detailed reasons for these sentences were not provided.
The constitutional bench, led by Justice Ameenuddin, directed the Punjab government to submit reports regarding the treatment of the convicts. The court demanded transparency to determine if they were being treated according to the jail manual.
