• 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

Prime Minister orders finalization of Electric Vehicles Policy 2025
Economy

Prime Minister orders finalization of Electric Vehicles Policy 2025

Lahore, June 14, 2025: Prime Minister Muhammad Shehbaz Sharif has directed the early finalization of the Electric Vehicles (EV) Policy...

by Sub News
June 14, 2025
India fails to push Pakistan back onto FATF grey list amid strong international opposition
Diplomatic

India fails to push Pakistan back onto FATF grey list amid strong international opposition

Strasbourg, June 14, 2025: India faced a diplomatic setback in its efforts to have Pakistan re-listed on the Financial Action...

by Sub News
June 14, 2025
Parliament unanimously condemns Israeli strikes on Iran
Pakistan

Parliament unanimously condemns Israeli strikes on Iran

Islamabad, June 13, 2025: In a strong display of unity, both the Senate and National Assembly of Pakistan unanimously passed...

by Sub News
June 13, 2025
PTI leaders denied meeting with Imran Khan at Adiala jail
Pakistan

PTI leaders denied meeting with Imran Khan at Adiala jail

Rawalpindi, June 12, 2025: Senior leaders of Pakistan Tehreek-e-Insaf (PTI) were denied access to meet the party’s incarcerated founder, Imran...

by Sub News
June 12, 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

  • ICC approves major revisions to ODI ball rule and concussion substitutes across formats
  • Anderson-Tendulkar Trophy launch postponed out of respect for Air India crash victims
  • Bavuma silences critics after leading South Africa to historic WTC triumph
  • Babar, Rizwan among first batch for PCB Skills Development Camp
  • Pakistan stands with Iran amid escalating regional tensions over Israeli strikes
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?