Justice Jamal Khan Mandokhail said several offenses are listed in the Army Act, but they all apply exclusively to military officers.
He made the remarks during the Supreme Court hearing on intra-judicial appeals challenging the trial of civilians in military courts.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, heard the matter on Monday, Express News reported.
The session began with Khawaja Haris, representing the Ministry of Defense, presenting his arguments.
Justice Aminuddin urged Khawaja Haris to conclude his arguments by Tuesday, asking for a concise explanation of which cases were transferred to military courts and why.
He added that any questions from the judges on this matter would be addressed later.
Khawaja Haris argued that the Supreme Court had earlier struck down Section 59(4) of the Army Act.
Justice Mandokhail noted that Section 31D, used for trials of civilians, concerns incitement to obstruct military tasks.
Justice Musarrat Hilali pointed out that the Constitution recognizes various courts, stressing the need to examine the jurisdiction, venue and procedure for trying cases.
“The question here is procedural: who will lead the trial,” she said.
Justice Mandokhail questioned whether trials of civilians in military courts could be characterized as courts martial.
Khawaja Haris confirmed that it was possible.
Justice Hilali raised the lack of specific sanction in the Army Act for suspending the Constitution, asking: “What sanction does the law provide for an army officer who suspends the Constitution?”
Khawaja Haris responded by saying that Article 6 of the Constitution provides punishment for such acts and takes precedence over all laws. He also mentioned that the Army Act provides for sanctions for violating the oath.
Justice Mandokhail noted that the judiciary had already legitimized martial law and questioned whether judges involved in unconstitutional actions also fell under Article 6.
Justice Muhammad Ali Mazhar added that the judges were initially involved in the treason trial of former military ruler Pervez Musharraf, but were later excluded from the case.
