Justice Mandokhail Questions Legality of Civilian Trials Under Military Laws

Supreme Court Justice Jamal Khan Mandokhail has raised concerns about the legality of trying civilians under military disciplinary frameworks, describing it as potentially unconstitutional. His remarks came during the hearing of intra-court appeals against military courts’ decisions, conducted by a seven-member constitutional bench led by Justice Aminuddin Khan.

Justice Mandokhail argued that applying military discipline to civilians may violate Article 8 of the Constitution, which protects against unconstitutional laws. “How can a civilian be tried under the armed forces’ disciplinary framework?” he questioned.

Justice Musarrat Hilali added that FIRs for those detained by military courts had not been provided to the Supreme Court. Senior advocate Khawaja Haris, representing the federal government, contended that civilians can be tried under the Army Act in specific cases.

Earlier this week, the bench rejected the federal government’s plea to allow military courts to announce verdicts on civilian cases, stating that such permission would amount to recognizing their jurisdiction over civilians.