The Supreme Court of Pakistan raised concerns about the attempted civilians under the army law, several judges questioning its constitutional validity during a high -level hearing.
A constitutional bench of seven members, led by Judge Aminuddin Khan, heard Khawaja Haris, lawyer for the Ministry of Defense, in a case contesting the military of civilians on Friday.
The case follows the May 9 attacks against military facilities, in which several civilians were charged under military laws, Express News reported.
Judge Naeem Akhtar Afghan said that the army law was originally supposed to apply to members of the armed forces. “If civilians were to be included, it should have been explicitly mentioned,” he noted.
Judge Musarrat Hilali described the 1973 Constitution as “strong and clear”, adding that the army’s legal framework seems to compete. “The goal was to maintain discipline within the forces. It is not intended for civilians, ”she said.
Judge Hasan Azhar Rizvi questioned the business selection process for military courts. “If a civilian attacks a military site, how is it linked to the army law?” He asked.
In response, Haris argued that the military courts were approved by the Constitution, operating in wartime and in peacetime, and have provided fair trial rights.
Justice Jamal Mandokhail, on the other hand, pointed out: “Let us not risk asking the absolution for an act and inviting trouble for another.”
The court recognized that several legal provisions of the eras of the previous martial law of Pakistan had been canceled by constitutional amendments, but the provisions of the military courts remained intact.
The hearing was adjourned until April 28.
