The Supreme Court of Pakistan raised concerns about trying civilians under the Army Act. During a recent hearing, judges questioned the constitutional validity of such trials. A seven-member bench, led by Justice Aminuddin Khan, reviewed the case involving military trials of civilians following the May 9 attacks on military sites.
Justice Naeem Akhtar Afghan pointed out that the Army Act originally applied only to armed forces members. He stated that if civilians were to be included, it should have been made clear in the law. Similarly, Justice Musarrat Hilali emphasized the clarity of the 1973 Constitution. She argued that military rules should not apply to civilians.
Justice Hasan Azhar Rizvi also raised questions about the criteria for choosing cases for military courts. He asked, “If a civilian attacks a military site, how does that relate to the Army Act?” In defense, counsel Khawaja Haris argued that military courts were constitutionally established and guaranteed fair trial rights.
The court acknowledged that many laws from previous martial law periods were repealed but noted that military court provisions remain. The hearing was adjourned until April 28, leaving important questions about this issue unresolved.