The Supreme Court has deferred the hearing of an intra-court appeal challenging the trial of civilians in military courts, scheduling it for Monday.
During the session, Advocate Khawaja Ahmed Hussain, representing former Chief Justice Jawad S. Khawaja, contended that civilians do not fall under the jurisdiction of the Army Act, which is primarily applicable to military personnel and civilian employees of the armed forces. He asserted that those implicated in the May 9 protests should not be subjected to military trials.
Justice Musarat Hilali noted that the Army Public School (APS) attack was an act of terrorism, while the May 9 incident consisted of protests. She questioned the distinction between civilians involved in these events. In response, Advocate Hussain highlighted that the APS attack led to the introduction of the 21st Amendment, which specifically addressed terrorism-related cases.
Justice Ameen-ud-Din emphasized that any law conflicting with the Constitution cannot be upheld, leading to discussions on the possible annulment of certain sections of the Army Act. Justice Jamal Mandokhail questioned the feasibility of striking down provisions previously endorsed by a 17-member bench. Meanwhile, Justice Muhammad Ali Mazhar warned that altering the law could impact cases such as that of Kulbhushan Jadhav. Justice Hassan Azhar Rizvi also raised concerns about the appropriate legal forum for prosecuting those accused of killing soldiers.
Advocate Khawaja Ahmed Hussain referred to the military’s statement following the May 9 protests, arguing that the armed forces, as an involved party, cannot ensure impartial trials in military courts.
The court further explored the implications of declaring Section 2(1)(d) of the Army Act unconstitutional, particularly regarding future legal proceedings. Justice Musarat Hilali reiterated her query about the legal distinction between the APS attack and the May 9 protests.
With arguments still underway, the court adjourned the hearing until Monday, when Advocate Hussain is set to continue presenting his case.
