SC remarks civilians to face military trial for Army Act offences

Islamabad: Justice Muhammad Ali Mazhar of the Supreme Court of Pakistan on Tuesday said that the civilians would not face a military trial merely for standing near an army checkpoint but certainly would it if they committed an offence listed under the Army Act.

The judge passed the remarks during a constitutional bench’s hearing of a case on appeals against decisions allowing civilian trials in military courts.

It came in response to Justice Musarrat Hilali’s concern over the “extension of powers” to try civilians under the Army Act, while the question remains whether the civilians can be tried in military courts.

Khawaja Haris, representing the Ministry of Defence, argued that the apex court had previously ruled that civilians could be court-martialed under specific circumstances.

At this, Justice Mandokhail raised constitutional concerns, questioning whether an executive body like the Ministry of Defence could act as both accuser and judge. “The constitution clearly prohibits the executive from performing judicial functions,” he remarked