In a striking display of disregard for both constitutional and human rights obligations, the Supreme Court of Pakistan has recently sanctioned the prosecution of civilians in military courts. The six-member Supreme Court bench, with a 5-1 majority verdict, conditionally suspended its unanimous ruling from October 23, which had nullified military trials for 103 civilians.
The earlier widely applauded ruling by a five-member bench, including Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi, and Ayesha Malik, had declared the trial of 103 civilians in military courts as ultra vires the Constitution. The apex court had emphasized that the accused should face trial in criminal courts with competent jurisdiction established under ordinary or special laws.
During the hearing, Justice Tariq Masood, despite being asked to recuse himself, expressed skepticism about the path of basic human rights, grabbing the Constitution and stating, “one thing, we do not know where these basic human rights will take us?”
Prominent lawyer Salman Akram Raja, lamenting the situation, remarked, “Yesterday [Wednesday] was the saddest day in court in my 32-year career. All notions of due process, freedom, and independence of the judiciary turned out to be empty rhetoric to be replaced by other rhetoric. Foolish smiles on the faces of government lawyers completed the tragedy.”
It is an undisputed fact that the trial of civilians in military courts is a violation of human rights and the rule of law. Military courts are not independent, impartial, or transparent, and they do not provide fair trial guarantees to the accused. They operate under secret procedures that deny the right to counsel, the right to appeal, and the right to a public hearing. They also have the power to impose harsh punishments, including the death penalty, without any judicial oversight.
The trial of civilians in military courts is also unconstitutional and illegal under country’s constitution. The Constitution of Pakistan grants the right to a fair trial by a competent court to every citizen, and prohibits any law that is inconsistent with the fundamental rights. The Pakistan Army Act and the Official Secrets Act, which allow the trial of civilians in military courts, are in conflict with the Constitution and the international obligations of Pakistan.
This practice also proves counterproductive and detrimental to national security and stability. It erodes the credibility and legitimacy of civilian institutions and the democratic process, fostering resentment and alienation among the people.
The trial of civilians in military courts is a grave injustice that should be stopped immediately. The government must repeal or amend laws enabling such trials, ensuring that military courts exclusively handle cases involving armed forces personnel.
