Islamabad, March 10, 2025: Senior lawyer Hamid Khan, representing the Lahore High Court Bar Association (LHCBA) and Imran Khan, has argued against trying civilians in military courts, stating that such trials violate the Constitution and should be limited to army personnel.
His arguments were presented before a seven-member Supreme Court bench, led by Justice Aminuddin Khan, which is hearing appeals against military trials for civilians.
During the proceedings, Justice Jamal Khan Mandokhail questioned whether the Army Act can be extended to civilians who commit crimes falling under its jurisdiction.
“The issue is not just about military courts trying civilians. The real question is: what should the state do when civilians commit offenses under the Army Act?” he asked.
In response, Hamid Khan maintained that provisions allowing civilian trials in military courts are unconstitutional.
“Article 175(3) of the Constitution clearly states that the judiciary must be separate from the executive,” he argued.
“Does Article 175(3) automatically ensure this separation, or does it require a declaration by Parliament or the judiciary?”
“The Constitution is clear on this matter; there is no need for a parliamentary declaration.”
Justice Muhammad Ali Mazhar reminded the court that previous Supreme Court rulings have historically upheld the role of military courts.
“The majority decision stated that military courts do not fall under Article 175(3),” he noted.
However, Hamid Khan insisted that military courts should be restricted to army personnel.
“These courts can function only for members of the military, not civilians,” he emphasized.
Justice Mazhar then pointed out the implications of this stance, stating:
“If that is the case, you must acknowledge that military courts operate as a parallel judicial system.”
The Supreme Court has adjourned the hearing until 11:30 AM tomorrow, as the constitutional bench continues deliberations on the controversial issue of military trials for civilians.
