ISLAMABAD: The Supreme Court of Pakistan’s seven-member Constitutional Bench resumed hearings on intra-court appeals against the trial of civilians in military courts, ARY News reported. The proceedings will continue tomorrow.
During the hearing, the Ministry of Defense’s counsel presented records related to the May 9 trials. However, the court requested details of other military court trials and returned the provided documents after reviewing them.
The bench, led by Justice Amin ud Din Khan, includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hasan.
Justice Hasan Azhar Rizvi, after reviewing the presented records, questioned why the May 9 trials could not be made public, given their apparent lack of direct relevance to state security. Defense Ministry counsel Khwaja Haris responded that this decision rested with the authorities.
Justice Naeem Akhtar Afghan noted that as Chief Justice of Balochistan, he had reviewed military court appeals and found the judgments to be detailed, with full records of trial proceedings. Justice Hasan Azhar further inquired whether families and media could access the accused. The Defense Counsel replied that while the law permits it, security concerns often prevent such access.
Justice Musarrat Hilali raised concerns about the impact of military court trials on citizens’ rights, while Khwaja Haris maintained that these trials are conducted fairly, with public access and legal representation for the accused, even at government expense if needed.
Justice Musarrat Hilali and Justice Mazhar emphasized the importance of thorough investigations before framing charges. Khwaja Haris assured that military trials adhere to legal standards and protect the rights of the accused under the Army Act.
Justice Mandokhail pointed out that in anti-narcotics cases, the Army seeks a session judge’s appointment through the Chief Justice of the relevant High Court and questioned if military courts follow a similar procedure. The Defense Counsel clarified that military courts operate outside Article 175 of the Constitution.
Presenting trial records in seven sealed envelopes, Khwaja Haris stated that accused individuals were asked before their trials whether they had any objections to the presiding officer, and none raised concerns. He added that if an accused confesses, concessions are granted under Islamic law.
The Supreme Court adjourned the hearing until tomorrow, instructing Bar representatives to come prepared for further proceedings.
