SC demands civilian trial records from military courts

The Supreme Court (SC) Thursday ordered the Ministry of Defence to submit data regarding civilian trials in military courts, specifically inquiring about the number of civilians, excluding Indian spy Kulbhushan Jadhav.

A Supreme Court bench, headed by Justice Aminuddin Khan, continued hearing appeals against military court decisions. The bench included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan, who critically examined various aspects of military trials.

Ministry of Defence lawyer Khawaja Haris argued that certain provisions of Article 8, Section 3 nullify fundamental rights when applied. Justice Naeem Akhtar highlighted that the Army Act was originally limited to armed forces personnel and officers, including retirees. However, recent amendments now include civilians, raising concerns about the ambiguous use of the term any person, which Justice Akhtar described as a potential legislative flaw.

Justice Syed Hasan Azhar Rizvi stressed the necessity of reviewing trial records to evaluate the quality of evidence. However, the Ministry of Defence refused to submit these records, drawing sharp criticism from the court. Justice Azhar emphasized that the principle of justice requires all parties to be heard before any decisions are made.

Khawaja Haris referenced the 21st constitutional amendment which expanded military court jurisdiction to cover crimes beyond conventional military discipline. The court expressed concerns over the lack of transparency in the trial process and questioned the ministry’s decision to withhold records.

The bench underscored the importance of precise legal definitions and adherence to justice principles, voicing significant reservations about including civilians in military trials without ensuring proper procedural safeguards.