SC constitutional bench adjourns military court case hearing until tomorrow

The Supreme Court’s constitutional bench on Thursday adjourned till tomorrow the hearing of a case challenging the nullification of civilian trials in military courts.

According to the 24NewsHD TV channel, Justice Jamal Mandokhail remarked during the proceedings that the fundamental question is whether military courts can even be considered courts under the law. “If they are to be considered courts, then read Article 175 again,” he said.

In response, Defence Ministry counsel Khawaja Haris argued that military courts are indeed legitimate courts. He said they conduct criminal trials under a special jurisdiction and are established under the law. He asserted that due legal procedures and the right to a fair trial are ensured in military court proceedings.

Justice Mandokhail, however, emphasised that only Article 175 of the Constitution provides a legitimate framework for courts. Khawaja Haris countered by citing Article 142, stating that the federal government is empowered to legislate and that military courts were formed through that legislative authority.

During the hearing, Justice Muhammad Ali Mazhar questioned, “If there’s an error in the trial, which forum corrects it?” Khawaja Haris replied that such issues could be highlighted through writ petitions in the high court.

Justice Hassan Azhar Rizvi raised concerns about transparency, noting that no copy of witness statements is provided in military courts. “How can one determine whether the testimony was recorded accurately?” he asked. Justice Mandokhail added, “How will an accused prove that something was omitted from the record?”

Khawaja Haris responded that bias claims can be raised in superior courts and trial officers take an oath. He also stated that any objection to recorded statements can be raised and that a defence lawyer can identify mistakes in a writ petition.

Head of the bench, Justice Aminuddin Khan, directed Khawaja Haris to complete his arguments by tomorrow and said that the case will resume again on April 28, as the bench will not be available before then.

Justice Aminuddin further announced that the Attorney General should begin his arguments on April 28, to which Justice Mandokhail added, “The Attorney General should conclude his arguments within a day.” Later, the hearing was adjourned till Friday.

Reporter: Amanat Gishkori