Top court also raises question as to why constitutional amendments were necessary for trying terrorists in military courts
ISLAMABAD: (UrduPoint/Pakistan Point News-Jan 15th, 2025) The Supreme Court Constitutional bench on Wednesday questioned why no trial was conducted in the military courts during the APS attack despite the presence of coordination and the Army Act.
A SC constitutional bench led by Justice Aminuddin examined the intra-court appeal regarding civilian trials in military courts.
The bench further asked why the constitutional amendments were necessary for trying terrorists in the military courts.
Ministry of Defence counsel Khawaja Haris argued that the nature of the crime determines the trial forum.
“If a civilian's crime relates to the armed forces, the trial would proceed in a military court,” argued Khawaja Haris.
Justice Jamal Mandokhail emphasized considering the intent of the accused, questioning whether the crime was against national interests. He also revisited why cases like the GHQ and Karachi Airbase attacks were not tried in military courts, a query addressed in the 21st Constitutional Amendment decision.
Khawaja Haris explained that the crimes tied to coordination under the Army Act are eligible for military court trials. Justice Mandokhail pressed for clarity on the link between intent and coordination, suggesting the accused could argue lack of intent during their defense.
The bench examined whether coordination existed during the APS attack, to which Khawaja Haris affirmed, explaining it involved military-related offenses. However, Justice Mandokhail questioned why constitutional amendments were required if coordination and the Army Act were already in place.
The bench adjourned further hearing of the case until Thursday (tomorrow).