SC rejects govt’s plea to allow military courts to decide civilian cases
The Supreme Court’s constitutional bench, led by Justice Aminuddin Khan, continued hearings on appeals challenging the trial of civilians in military courts. The court rejected the government’s request to permit military courts to deliver verdicts.
The court denied the government’s plea to allow military courts jurisdiction over civilian cases. Justice Musarrat Hilali remarked that granting such permission would imply recognition of military courts’ authority in these matters.
The apex court also dismissed a plea by former justice Jawad S Khawaja to defer the hearing until the decision on the 26th constitutional amendment, imposing a fine of Rs20,000 on the petitioner.
Former chief justice Jawad S. Khawaja, representing the petitioners, argued for postponing the case until the 26th amendment is decided, asserting that if the amendment is invalidated, the outcomes of related cases would also be nullified. Justice Jamal Mandokhail remarked, “You don’t have a loved one in custody, which is why you are seeking delays. If you do not recognize the court’s jurisdiction, you may leave.”
Justice Muhammad Ali Mazhar emphasized that judicial decisions are always protected and expressed concern about recurring delay tactics in such hearings.
Justice Mandokhail clarified that all new benches, including those hearing constitutional amendments, are being formed under the latest constitutional framework.
