Musarrat Hilali: Military Courts Under Scrutiny
Pakistan's Supreme Court continues to deliberate on the legitimacy of military court trials for civilians, sparking intense debate on the role of military judiciary in terrorism-related cases, with Justice Jamal Khan Mandokhel questioning the absence of such trials for soldiers martyred in these incidents.
The hearing, part of an ongoing case challenging the military trials of civilians for their role in attacks on army installations during last year's riots, saw the bench of seven judges, including Justice Aminuddin Khan, scrutinize the existing legal framework. Advocate Khawaja Haris, representing the defence ministry, presented his arguments, while Additional Attorney General Aamir Rehman appeared as the state counsel. The case has significant implications for the balance of power between the military and civilian judiciary in Pakistan.
Justice Naeem Akhter Afghan noted that military court trials are akin to civilian court trials, with facilities for accused individuals to hire a lawyer of their choice. However, concerns were raised about the capability of military court officers to determine harsh sentences, highlighting the need for clarity on the jurisdiction of military courts. The Supreme Court's decision will have far-reaching consequences for the administration of justice in terrorism-related cases and the relationship between the military and civilian institutions in Pakistan.
As the hearing was adjourned till January 13, the counsel for the defence ministry is expected to continue presenting arguments, shedding more light on the complexities surrounding military court trials. The case's outcome will be closely watched, given its potential to shape the country's legal landscape and address concerns about accountability and transparency in the judicial process.
The Supreme Court's deliberation on military court trials for civilians highlights the ongoing debate about the role of the military judiciary in terrorism-related cases, with implications for the balance of power between military and civilian institutions in Pakistan.
