Civilians to face military trial for Army Act offences: SC judge

The Constitutional Court of the Supreme Court requests clarification of the legality of the extension of military authority to civilians ISLAMABAD: Supreme Court Justice Muhammad Ali Mazhar said on Tuesday that civilians would not face military court just for standing near a military check post, but would certainly face it if they committed an offense under the Army Act. The remark was made during a hearing at the Constitutional Court in a case aimed at appealing against decisions allowing civilian trials in military courts. He was responding to Judge Musarrat Hilali’s concerns about the “extension of powers” to try civilians under the Army Act, while the question remains whether civilians can be tried in military courts. During the proceedings, Khawaja Haris, representing the Ministry of Defence, argued that the Supreme Court had previously ruled that civilians could be court-martialed in certain circumstances. Justice Mandokhail raised constitutional concerns in this regard and questioned whether an executive body like the Ministry of Defense can act as both prosecutor and judge. “The Constitution clearly prohibits the executive branch from exercising judicial functions,” he noted Haris argued that the Army Act was not limited to armed forces personnel, it encompassed various categories, including civilians in specific situations. However, Judge Jamal questioned whether criminal matters could fall under Art. 8 paragraph 3, which deals with military discipline. In response, Haris agreed that members of the Pakistan Armed Forces are citizens just like other citizens. The Constitutional Court sought to clarify whether the extension of military jurisdiction over civilians was constitutional. Justice Mandokhail further questioned whether joining the armed forces deprives an individual of fundamental rights, noting that the Army Act was introduced to maintain military discipline, not to curtail civil rights. Allegations of ill-treatment in Lahore Jail At the end of the hearing, Hafeezullah Niazi, a senior journalist and the father of a convicted civilian, expressed concern about the treatment of his son, who was taken to prison after the recent military court verdict. “Despite being transferred to a prison, my son is not being treated as per the prison manual,” Niazi said, pointing out that 22 convicts are held in similar conditions in the high-security Lahore zone. Justice Musarrat Hilali noted that the Supreme Court had ordered the authorities to ensure compliance with the prison manual. She said the Punjab and federal governments were “disregarding court orders”. Meanwhile, Judge Muhammad Ali Mazhar pointed out that these individuals had not been tried but had already been sentenced, some receiving sentences ranging from two to ten years. The court also noted that detailed reasons for these sentences were not provided. The court sought reports from the Punjab government on the treatment of convicts transferred from military courts and demanded transparency on whether they were treated in accordance with the prison manual. Constitutional Court Chief Justice Ameenuddin ordered the Punjab government to respond to Niazi’s complaints and ensure legal protocols are followed. Later, the court adjourned the hearing to tomorrow (Wednesday). The defense attorney will continue his arguments tomorrow.