Justice Mandokhel questions how a civilian, not in armed forces, can be tried in military courts
The seven-member constitutional bench of the Supreme Court adjourned the hearing of intra-court appeals against the decision to try civilians in military courts until Friday (tomorrow).
The federal government lawyer Khawaja Haris argued that the Army Act is applicable to civilians in certain circumstances and that the Supreme Court does not have the authority to nullify the provisions of the Army Act.
The case and hearing
Justice Jamal Mandokhel raised critical questions regarding the applicability of military discipline to civilians, asking how a person who is not in the armed forces can come under military discipline.
He further questioned whether bringing an unrelated person under military discipline would violate Article 8 of the Constitution. Justice Jamal also pointed out that the discipline of a particular department applies to an employee of that department, and inquired how discipline could be applied to someone not part of any department.
