• 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 questions trial process if cases shift from military courts to ATCs

by Sub News
March 3, 2025
SC questions trial process if cases shift from military courts to ATCs
Share on WhatAppShare on XShare on Facebook

Islamabad, March 3, 2025: The Supreme Court of Pakistan on Monday raised a critical question regarding the transfer of civilian cases from military courts to anti-terrorism courts (ATCs), asking from what stage the trials would resume.

The query was posed by Justice Muhammad Ali Mazhar during a hearing on intra-court appeals challenging the military trials of civilians. The case was being heard by a constitutional bench led by Justice Amin Uddin Khan, alongside Justices Mazhar, Jamal Khan Mandokhail, Hassan Azhar Naqvi, and Naeem Afghan.

Representing civil society, lawyer Faisal Siddiqi argued that the fundamental issue was not the selection of 105 suspects for military trials, but rather whether military courts had the legal authority to try civilians in the first place.

During the proceedings, Justice Amin acknowledged that the transfer of suspects from military to ATCs was a matter of record and asked whether Section 94 of the Army Act had been challenged. In response, Siddiqi stated that the suspects had been taken into custody before their alleged crimes had even been determined. He further contended that Section 94 granted excessive discretionary powers, which had also been challenged in court.

Elaborating on the process, Siddiqi explained that a commanding officer initiates a handover request under Section 94, wielding unchecked authority. In contrast, he pointed out, even the prime minister’s powers are constitutionally restricted, reinforcing the need for a structured legal framework.

The discussion then shifted to the efficiency of military trials versus police investigations. Justice Naqvi questioned whether police investigations were inherently slower and whether sufficient evidence had been available at the time of the suspects’ handover. Siddiqi responded that the issue was not the presence of evidence, but rather the absolute authority in transferring suspects without oversight.

At this point, Justice Mandokhail asked whether an ATC had the power to reject a handover request, to which Siddiqi affirmed that it did. Justice Amin then remarked that such a defense could have been raised before the ATC or challenged in an appeal.

Further concerns arose about whether suspects were notified before a commanding officer’s request was approved. Justice Mazhar specifically inquired whether courts had decided on these requests without informing the accused.

Justice Mandokhail pointed out that Section 94 of the Army Act applies only to those already under military jurisdiction, meaning that once an ATC had taken charge of a case, the military could no longer exert control. He also emphasized that ATCs have the authority to reject a commanding officer’s request for trial transfer.

Siddiqi further argued that a court-martial decision should have been made before placing suspects in military custody, questioning how the handover could occur without such a prior decision.

Justice Naqvi then asked whether the commanding officer’s custody request contained specific reasons. Siddiqi responded that no justification had been provided in the request. However, Justice Afghan countered this claim, stating that the request did cite offenses under the Official Secrets Act.

Justice Mandokhail added that the procedure for filing a complaint under the Official Secrets Act is outlined in the Code of Criminal Procedure, requiring a magistrate to record statements and determine if an investigation is necessary. Siddiqi maintained that only the federal government has the authority to lodge a complaint under this law, not private individuals.

At this juncture, Justice Mazhar raised a crucial question:

“If cases are transferred from military courts to ATCs, from what point will the trial begin? Will it start afresh, or will it be based on the evidence recorded during the military trial?”

Justice Amin then introduced another legal aspect, asking whether the past and closed transaction doctrine could be invoked to validate military trials. Siddiqi countered by emphasizing that these trials were challenged under Article 245 of the Constitution.

In response, Justice Amin clarified that while Article 245 was not in effect on May 9, it was implemented when the petitions were filed.

Following these discussions, the constitutional bench adjourned the hearing on intra-court appeals against military trials of civilians until tomorrow.

Tags: 9 May casesAnti Terrorism CourtArmy actATCsIslamabadJustice Muhammad Ali Mazharmilitary courtsPakistanPakistan Tehreek-e-InsafPTISupreme Court of Pakistan
Previous Post

Pakistan’s inflation drops to 1.5% in February, lowest since 2015.

Next Post

PM Shehbaz, British envoy discuss bilateral ties, global peace efforts

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
PM Shehbaz, British envoy discuss bilateral ties, global peace efforts

PM Shehbaz, British envoy discuss bilateral ties, global peace efforts

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?