ISLAMABAD – The hearing of intra-court appeal challenging trial of civilians in military courts continues on Monday. During proceedings, Justice Jamal Mandokhel raised significant constitutional questions regarding the division of powers and role of the armed forces under the executive.
The seven-member constitutional bench, led by Justice Aminuddin Khan reviewed the appeal to decide whether military courts have the constitutional authority to try civilians. Justices Muhammad Ali Mazhar, Hassan Azhar Rizvi, Mussarat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan are also part of the bench.
Imran Khan’s counsel argued that the constitution limits amendments to fundamental rights and stated that military courts cannot try civilians unless authorized exceptionally. He pointed out that the Army Act, particularly under Section 2(1)(d), does not apply to civilians and questioned whether civilian trials could take place under the military justice system.
Justice Mandokhel questioned authority of military courts using judicial powers granted by the executive, asking whether the armed forces, under the executive, can exercise judicial authority. He also raised concerns about whether courts should remain independent.
The court also discussed context of the court martial system, with Khan’s counsel referencing decisions that have clarified the limits of military courts.
The hearing has been adjourned for a break, with counsel set to respond to the court’s questions.
