Islamabad—In a session held on Thursday, Justice Musarrat Hilali of the constitutional bench reminded that the Pakistan Tehreek-e-Insaf (PTI) party had supported military courts established under the 21st Constitutional Amendment following the horrific 2014 Army Public School terrorist attack, which resulted in the tragic death of 132 children. Justice Hilali highlighted the apparent contradiction by stating, “When in opposition, you claim what happened was wrong, yet the party supported the amendment at the time.” She further noted the events of May 9, 2023, when military installations were attacked, stating she personally witnessed such incidents in Peshawar.
Senior lawyer Salman Akram Raja argued that Article 184(3) of the Constitution cannot be restricted, advocating for the accused’s right to a fair trial in a civilian court. Representing the father of Arzam Junaid, who was sentenced to six years by a military court for the May 9 violence, Raja emphasized the importance of due process. A seven-member bench, led by Justice Amin-ud-Din Khan, is hearing intra-court appeals against an October 2023 ruling by a five-member bench that nullified the trial of civilians in military courts.
The lawyer pointed out that legislation related to the army was enacted in 2015 and 2017, expressing regret that the parents of the Peshawar attack victims are still seeking justice. Justice Hilali reminded that some perpetrators of the Peshawar attack have been executed. Justice Jamal Khan Mandokhail questioned what could be more significant than the Peshawar attack or the Quetta bombing, which resulted in the deaths of many lawyers, suggesting these cases should have been tried in military courts.
The lawyer argued that in the UK, court-martials are not conducted by military officers but by judges appointed in a manner similar to the High Court model. Justice Amin-ud-Din Khan emphasized focusing on Pakistani laws rather than British laws, noting that the FB Ali case has not been overturned by any court decision thus far. Justice Hilali mentioned that the current appeal seeks to reinstate provisions 2(1)(d)(i) and (ii) of the Pakistan Army Act, which were nullified by the October 2023 ruling.
Justice Mandokhail raised the core issue of whether a civilian can be court-martialed under the current system. The lawyer maintained that court-martial of civilians is not feasible, referencing British law in the context of ensuring a fair and transparent trial. The hearing has been adjourned until Tuesday.
