Islamabad, January 29, 2025: The Supreme Court of Pakistan’s seven-member Constitutional Bench on Wednesday continued hearing intra-court appeals challenging the trial of civilians in military courts. The proceedings are set to continue tomorrow.
During the hearing, the Ministry of Defense’s counsel, Khwaja Haris, presented trial records related to May 9 incidents. However, the bench sought records of other military court trials, returning the May 9 documents after review.
The bench, led by Justice Amin ud Din Khan, includes Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hasan.
Justice Hasan Azhar Rizvi questioned why May 9 trial records could not be made public, stating, “These cases do not seem to be directly related to state security. The trials contain detailed proceedings—why not disclose them for public knowledge?”
Defense Counsel Khwaja Haris responded, “This decision rests with the authorities.”
Justice Naeem Akhtar Afghan noted that military court judgments are comprehensive and include detailed evidence and procedural records, not just verdicts written on plain paper. Justice Hasan Azhar Rizvi further inquired whether the families of the accused and media were allowed access during trials. Khwaja Haris replied, “Legally, they are allowed, but due to security concerns, access is often restricted.”
Justice Musarrat Hilali raised concerns about the broader implications of military courts on citizens’ rights, questioning their impact on public justice. In defense of military courts, Khwaja Haris argued, “These courts ensure fair trials. If an accused cannot afford a lawyer, the government provides one. The Army Act and its rules protect the accused’s rights.”
Justice Jamal Khan Mandokhail pointed out that the Army has control over anti-narcotics cases and seeks session judges from High Courts for trials. He questioned whether such judicial oversight applies to military court cases.
Khwaja Haris clarified, “Military courts operate outside the jurisdiction of Article 175 of the Constitution.” He then presented seven envelopes containing trial records for each judge, explaining that accused individuals are given the right to object to the presiding officer before proceedings begin. Additionally, he mentioned that Islamic Law provisions allow leniency for those who confess to crimes.
The Supreme Court adjourned the hearing until tomorrow, directing Bar representatives to come prepared for the next session.
