According to Pakistan’s media news, the Supreme Court of Pakistan has resumed hearings on a major case that challenges the legality of military trials for civilians. The case has drawn national attention and raised serious concerns about justice, fairness, and the role of the military in legal matters.
A seven-member constitutional bench, led by Justice Aminuddin Khan, is hearing several petitions that oppose the military trials of civilians arrested after violent protests in May 2023. These protests followed the arrest of a prominent political leader and led to attacks on military buildings.
Other judges on the bench include Justices Jamal Khan Mandokhail, Musarrat Hilali, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Shahid Bilal.
During the hearing, Justice Mandokhail raised an important question: “How can an institution that is the complainant in a case also conduct the trial?” He suggested that such a situation might go against the principles of justice. He also asked whether the government does not trust its own civilian courts to handle these cases.
Justice Musarrat Hilali criticized the public’s double standards, saying civilian courts are blamed when delays happen, yet military trials face little scrutiny.
The main issue the judges are concerned about is whether those being tried in military courts are given the right to a fair trial and the right to appeal — both of which are basic constitutional rights.
Attorney General Mansoor Usman Awan defended the military court process. He told the court that the military has a legal system in place, and any death sentence passed by a military court cannot be carried out until all appeals are completed.
Justice Muhammad Ali Mazhar responded by saying that there should be no problem if military trials offer fair treatment. “If we provide the right to fair trial, what is the issue?” he asked.
The court also discussed the choices available after the 18th Constitutional Amendment and asked the attorney general to clarify which legal path the government has chosen.
The hearing has been adjourned and will continue on Thursday, when petitioner Khawaja Haris is expected to finish his arguments.
