Supreme Court questions jurisdiction of military courts over civilians

During the hearing of an intra-court appeal against the trial of civilians in military courts, Justice Jamal Mandokhail questioned the extent of powers granted to military courts under the Army Act.

A seven-member constitutional bench, headed by Justice Aminuddin Khan, is hearing the appeal. Salman Akram Raja, representing convicted individual Arzam Junaid, continued presenting his arguments.

While making his case, Raja referred to the F.B. Ali case, that it was decided under the 1962 Constitution, prompting Justice Mandokhail to inquire, “What powers do military courts have under the Act? Can someone who is not part of the military be tried solely based on the nature of their crime?”

In response, Raja argued that even in the F.B. Ali case, the court emphasised that a civilian’s trial could only be justified if fundamental rights were fully ensured.

Justice Muhammad Ali Mazhar further questioned, “F.B. Ali was himself a civilian. How was he subjected to a court-martial?”

Raja responded that the court had ruled that the provision of fundamental rights was essential and that in F.B. Ali’s trial, there was no violation of these rights.