Islamabad, February 20, 2025: Supreme Court Justice Jamal Mandokhel has raised concerns over the constitutional authority of military courts, questioning whether an institution subordinate to the executive can lawfully exercise judicial power.
During the hearing of intra-court appeals challenging the annulment of civilian trials in military courts, Justice Mandokhel underscored the legal debate over separation of powers. He specifically questioned whether courts established under Article 8(3) could try civilians and whether the military, operating under Article 245, could wield judicial authority.
Representing the former PTI chairman, lawyer Uzair Bhandari argued that overturning the annulment would require revisiting the FB Ali case. He also contended that the 26th Constitutional Amendment restricts the court from granting relief unless explicitly sought.
Justice Musarrat Hilali noted that the FB Ali case remains central to the issue, yet its details are not widely understood. Meanwhile, Bhandari asserted that no formal cabinet decision had authorized military trials for civilians.
The court adjourned the hearing, setting the next session for February 24.
