The Supreme Court on Thursday postponed the crucial hearing on appeals challenging the legality of military court trials for civilians until tomorrow, after the federation’s lawyer, Khawaja Haris, was unable to complete his rebuttal arguments for the second consecutive day.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, is hearing the high-stakes case that questions whether civilians can be legally tried under military jurisdiction — a matter that has remained a point of contention for decades.
Justice Mandokhel questions status of military courts
During the proceedings, Justice Jamal Mandokhel repeatedly raised the constitutional question: "Can military courts even be called courts?" He urged a re-examination of Article 175 of the Constitution, which outlines the framework and legitimacy of judicial bodies in Pakistan.
Khawaja Haris, representing the Ministry of Defence, responded that military courts are indeed legitimate judicial forums operating under special criminal jurisdiction, and have existed under constitutional frameworks dating back to 1956 and 1962. He cited the Liaquat Hussain case, where the Supreme Court had previously ruled that civilians may be tried in military courts under certain conditions.
“There is no doubt that a fair trial is held in military courts. Officers take a formal oath to ensure justice,” Haris maintained.
Judges express concerns over fair trial and right to appeal
Justice Musarrat Hilali and Justice Mandokhel raised critical concerns about the transparency of military court proceedings and the right to appeal. Justice Mandokhel questioned, “What happens if an accused says he didn’t get a fair trial and the record isn’t provided? How will he prove his case?”
Khawaja Haris insisted that none of the 105 civilians tried in connection with the May 9 incidents came forward claiming they were denied fair trials. However, Justice Hilali questioned where such individuals would even go if they raised that concern. "Those people have narrated enough about what happened."
Attorney general absent, justices criticise delay
Tensions flared when the attorney general of Pakistan failed to appear in court as expected. The additional attorney general requested 2-3 more days for consultation on the matter of appeals. This sparked visible frustration from the bench, particularly from Justice Mandokhel.
“What is this joke? Why are you hanging the case for no reason? Don’t you intend to complete this case?” asked Justice Mandokhel angrily.
Justice Hilali added, “The attorney general himself said he would speak for only 10 to 15 minutes. Why hasn’t he shown up?”
The bench reminded the additional attorney general that the government had already nominated Khawaja Haris to represent its case and now seemed to be unnecessarily prolonging the proceedings.
After heated exchanges, the court directed Khawaja Haris to wrap up his arguments by tomorrow without fail. The attorney general has been directed to begin his submissions on April 28, as the bench will not be available in the intervening days.
“We will hear the attorney general on April 28. After tomorrow, the hearing stands adjourned until then,” said Justice Aminuddin Khan.
