ISLAMABAD (PEN) : The Supreme Court of Pakistan began hearing an important intra-court appeal on Monday, questioning the legality of military trials for civilians. This case has attracted significant attention, as it touches on fundamental issues of justice, accountability, and the balance of power between civilian courts and military institutions.
A seven-member constitutional bench, led by Justice Aminuddin Khan, is overseeing the case. The bench includes Justices Jamal Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan. Their task is to carefully examine the arguments and determine whether civilians should be subjected to military trials, a practice that has raised concerns about due process and the rule of law.
At the heart of Monday’s hearing was lawyer Uzair Bhandari, who is representing former prime minister Imran Khan. He began presenting his arguments, following the completion of a detailed submission by Latif Khosa, the lawyer for Barrister Aitzaz Ahsan, during the last hearing. This marks a significant phase in the proceedings as Bhandari’s arguments are expected to provide crucial insights into the legal framework surrounding military tribunals.
In addition, arguments from other legal representatives have already been concluded. Salman Akram Raja, who represents Arzam Junaid—convicted by a military court—has put forward his points, while Khawaja Haris, representing the Ministry of Defence, has also concluded his presentation. Furthermore, the petitioner’s lawyer, Khawaja Ahmad Hussain, has already finished his arguments, contributing to the rich dialogue on this sensitive issue.
It is significant to note that several government entities, including the federal government, Punjab, Balochistan, the Ministry of Interior, the Ministry of Law, and the Martyrs’ Foundation, have aligned themselves with the stance taken by Khawaja Haris, advocating for the legality of military trials for civilians. Their collective position reflects the broader political and institutional support for the current system of military courts, which has sparked debate across the country.
As the court hearing continues, all eyes are on the constitutional bench, as their decision will have far-reaching implications for Pakistan’s legal landscape and its commitment to upholding the rights of citizens under the Constitution. The outcome of this case will shape the future of military tribunals and whether civilians will continue to be tried in military courts or whether the judiciary will push for a more civilian-centric legal process.
