The Supreme Court has commenced hearings on the federal government’s appeal against the ruling that declared civilian trials in military courts null and void.
Justice Naeem Akhtar Afghan highlighted that, under the Secret Act, entering a cantonment area without a pass will now be considered a crime, warning that individuals could face court-martial for unauthorized entry.
A seven-member constitutional bench, led by Justice Ameen-ud-Din and comprising Justices Jamal Khan Mandokhel, Musarrat Hilali, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Naeem Akhtar Afghan, and Shahid Bilal, examined this pivotal case. During the proceedings, the Defense Ministry’s lawyer, Khawaja Haris, presented counterarguments regarding military courts’ jurisdiction.
The hearing featured a rigorous exchange of legal points, particularly concerning the definitions of prohibited areas. Justice Naeem Akhtar Afghan expressed concerns that the term “collusion” is perilous, indicating that individuals entering cantonment areas could also be subjected to court-martial.
He noted the presence of shopping malls and food courts in these areas, raising worries about the potential impact on civilians under such legal restrictions.
Justice Muhammad Ali Mazhar emphasized the importance of clearly defining prohibited zones, arguing that the concepts of the Defense of Pakistan and Defense Services of Pakistan should not extend to everyday civilian areas such as shopping malls or main streets.
In response, Khawaja Haris asserted that only crimes having a direct impact on the armed forces fall under military court jurisdiction, clarifying that all active personnel are considered members of the armed forces and that entering prohibited areas constitutes an offense.
Justice Jamal Mandokhel cautioned that accepting such interpretations could lead to any individual facing a military trial. He shared his personal experience of sometimes being denied entry into the cantonment area without permission.
Justice Naeem Akhtar Afghan pointed out that cantonment areas exist in cities like Lahore, Quetta, and Gujranwala, indicating that civilians could be at risk. The Defense Ministry’s representative countered that an area would need to be formally designated and notified as prohibited for such actions to take place.
Read more
Justice Hassan Azhar Rizvi revealed that several Supreme Court judges reside in Clifton Cantonment, yet no prohibited area notification exists there. He and Justice Muhammad Ali Mazhar also agreed that shopping malls should not be classified as restricted zones.
The debate continued as Justice Jamal Mandokhel questioned whether military courts are perceived as imposing harsher penalties, leading to cases being transferred there, while expressing concerns over the lack of trials in regular courts.
Khawaja Haris referenced the NAB law, explaining that under that law, defendants must prove their innocence when allegations arise. Justice Jamal Mandokhel acknowledged that while the Army Act is valid, circumstances have shifted following Article 10-A of the Constitution, prompting him to question the absence of an independent forum for military trials.
Khawaja Haris contended that the Constitution does not allow for military court trials to be examined in the context of fundamental rights.
The court has adjourned the case hearing until April 15, where Khawaja Haris will continue his counterarguments.
