ISLAMABAD – Justice Jamal Khan Mandokhail remarked on Tuesday that a suspect cannot be tried in a military court unless the crime is proven under the Army Act.
The remark was made during the hearing of intra-court appeals challenging the trial of civilians in military courts. A seven-member constitutional
bench, led by Justice Amin-ud-Din Khan, is presiding over the appeals. The bench includes Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
Defense Ministry’s counsel, Khawaja Haris, continued his arguments, detailing the charges framed under the Army Act in the FIR. Justice Hassan Azhar Rizvi questioned who conducts the inquiry under the Army Act, to which Advocate Haris explained that the Commandant Officer oversees the process after charges are framed.
Justice Hilali inquired about the inquiry process after an indictment is filed, and Haris clarified that the investigation is based on the charge. Justice Mandokhail emphasized that without a valid accusation, a suspect cannot be deemed a perpetrator under the Army Act.
When asked by Justice Hilali whether military court judges wear uniforms, Advocate Haris confirmed this, prompting a discussion on the impartiality of judges in uniform. Haris quipped that even civilian judges wear a form of uniform, eliciting laughter in the courtroom. Justice Mandokhail then pointed out the distinction between black and khaki uniforms, questioning the law’s strict application to civilians.
Justice Muhammad Ali Mazhar raised concerns about the implementation of such laws, while Justice Hilali noted ongoing questions surrounding the credibility of judges. Haris responded that court-martial decisions are made through majority votes.
Justice Mandokhail reiterated that unless a crime falls under the Army Act, it cannot be tried in a military court. The hearing was adjourned until tomorrow.
