• About
  • Advertise
  • Privacy & Policy
  • Contact
Advertisement
  • Home
  • World
  • Diplomatic
  • Sports
    • Cricket
  • National
  • Business
  • Crime & Justice
  • Entertainment
  • Lifestyle
  • Environment
    • CPEC
No Result
View All Result
  • Home
  • World
  • Diplomatic
  • Sports
    • Cricket
  • National
  • Business
  • Crime & Justice
  • Entertainment
  • Lifestyle
  • Environment
    • CPEC
No Result
View All Result
No Result
View All Result
Home National

SC directs Defence Ministry to submit details on civilian trials by military courts

by Sub News
January 16, 2025
SC directs Defence Ministry to submit details on civilian trials by military courts
Share on WhatAppShare on XShare on Facebook

Islamabad, January 16, 2025: The Supreme Court’s Constitutional Bench on Thursday ordered the Ministry of Defence to provide comprehensive details regarding military trials of civilians conducted under the Army Act.

The seven-member bench, led by Justice Aminuddin and comprising Justices Jamal Mandokhel, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan, convened to address the contentious issue of military jurisdiction over civilian trials.

During the proceedings, Ministry of Defence lawyer Khawaja Haris argued in favor of military trials for civilians, asserting that they adhered to the established legal framework. Haris claimed that if the relevant provisions of the law were upheld, the petitions challenging these trials would be inadmissible.

However, Justice Hassan Azhar Rizvi raised concerns about the transparency of these trials, questioning whether the accused were given a fair opportunity to present witnesses and if the evidence met constitutional standards. Rizvi clarified that the court’s focus was not on the merits of the cases but on ensuring adherence to due process and the principles of natural justice.

Justice Muhammad Ali Mazhar emphasized that even in the absence of Article 10A, which guarantees the right to a fair trial, military trial procedures must align with legal norms. The bench unanimously reiterated that no one should face punishment without a fair hearing.

In response to the court’s earlier request for records of military trials, Khawaja Haris agreed to present the details of one case for review. Justice Jamal Mandokhel questioned whether military trial laws could be amended to better address the inclusion of civilians, while Justice Musarrat Hilali inquired about the necessity of Article 10A in ensuring fair trial rights.

A major point of contention was the Army Act’s provision for trying civilians in military courts. Justice Jamal Mandokhel argued that the act, originally intended to govern armed forces personnel, might be misapplied to civilians. He suggested that if separate legislation existed for civilian criminal offenses, this issue might not have arisen.

Justice Naeem Akhtar Afghan highlighted the 1967 amendment to the Army Act, which introduced the term “any person,” effectively extending the act’s scope to civilians and retired officers. He noted that if this amendment were found unconstitutional, it could invalidate numerous trials, including the high-profile case of FB Ali. Afghan proposed that a constitutional amendment might have been necessary to include civilians under the Army Act.

Justice Naeem Akhtar Afghan remarked that the introduction of Article 10A has intensified debates around fair trial rights, particularly regarding civilians and retired officers tried under military courts. He pointed out that legislative oversight may have complicated the legal framework, warranting a constitutional amendment for clarity.

Khawaja Haris, however, argued that the constitutional amendment related to civilian trials had a different legislative intent. Despite this, the court remained unconvinced and directed the Ministry of Defense to submit a complete record of all civilian trials conducted by military courts, excluding high-profile cases such as that of Kulbhushan Jadhav.

The bench emphasized the importance of ensuring that military courts operate transparently and in line with constitutional guarantees. It instructed the Ministry of Defense to provide details on the classification of civilian trials by military courts and how legal safeguards were implemented.

The hearing was adjourned for further deliberations, with the court reiterating its commitment to safeguarding the rights of the accused and ensuring that the application of law remains fair and just.

Tags: Article 10 AConstitutional benchFB Ali CaseIslamabadJustice Amin-ud-dinJustice Musarrat HilaliKhawaja Harismilitary courtsPakistanSupreme Court of Pakistan
Previous Post

Bollywood star Saif Ali Khan stable after stabbing incident at home

Next Post

44 Pakistanis among 50 dead as migrant boat sinks off Morocco

Related Posts

IFC announces additional $400 million investment in Reko Diq project
Balochistan

IFC announces additional $400 million investment in Reko Diq project

Islamabad, June 15, 2025: In a major boost to Pakistan’s mining and economic revival efforts, the International Finance Corporation (IFC)...

by Sub News
June 15, 2025
Field Marshal Asim Munir welcomed in US with Times Square tribute
Diplomatic

Field Marshal Asim Munir welcomed in US with Times Square tribute

New York, June 15, 2025: Chief of Army Staff (COAS) Field Marshal Asim Munir received a warm welcome in the...

by Sub News
June 15, 2025
NA Speaker refuses to form ECP nomination panel without political consensus
National

NA Speaker refuses to form ECP nomination panel without political consensus

Islamabad, June 15, 2025: National Assembly Speaker Ayaz Sadiq has declined to unilaterally form a parliamentary committee for the appointment...

by Sub News
June 15, 2025
Bilawal warns of war if India blocks Pakistan’s water supply
India

Bilawal warns of war if India blocks Pakistan’s water supply

Islamabad, June 15, 2025: Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari has issued a strong warning, stating that Pakistan...

by Sub News
June 15, 2025
Next Post
44 Pakistanis among 50 dead as migrant boat sinks off Morocco

44 Pakistanis among 50 dead as migrant boat sinks off Morocco

Breaking News

  • Punjab to present Rs5.3 trillion Budget for 2025-26 tomorrow
  • Pakistan, Turkey condemn Israeli strikes on Iran
  • IFC announces additional $400 million investment in Reko Diq project
  • Woman dies of heart attack amid dispute between Motorway Police and motorcyclist in Sahiwal
  • Field Marshal Asim Munir welcomed in US with Times Square tribute
Sub News

© 2025 SubNewsEnglish.com

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact

Follow Us

No Result
View All Result
  • Home
  • World
  • Diplomatic
  • Sports
    • Cricket
  • National
  • Business
  • Crime & Justice
  • Entertainment
  • Lifestyle
  • Environment
    • CPEC

© 2025 SubNewsEnglish.com

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?