Supreme Court grants military courts permission to announce decisions of civilians

In a landmark ruling, a constitution bench of the Supreme Court on Friday allowed military courts to pronounce judgments in cases involving civilians in the custody of the Pakistan Army. A constitution bench headed by Justice Aminuddin Khan heard the petition against the trial of civilians in military courts. Other members of the bench include Justice Jamal Khan Mandukhel, Justice Muhammad Ali Mazhar, Justice Musrat Hilali, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.At the start of the hearing, defense ministry counsel Khawaja Haris came to the rostrum. Arguing Justice Mandukhel asked him whether the repealed provisions of the Army Act were in accordance with the Constitution. He also questioned whether the Army Act could be amended to bring every individual [civilian] under its purview, considering that the Army Act was enacted before the 1973 Constitution. Justice Mazhar inquired that in the court decisionWhat are the reasons for declaring these provisions unconstitutional? Lawyer Haris replied that there are flaws in the Supreme Court’s decision. Justice Mandukhel remarked that the court decision should not be disrespected to the extent of calling it flawed. Harris apologized, saying his words were not legally appropriate. Justice Mazhar pointed out that he had sought details regarding the events of May 9 but so far the case was only related to the Corps Commander’s House.