The Supreme Court’s constitutional bench has rejected a request to move individuals held under military courts to regular jails.
The seven-member bench heard the case regarding civilian trials in military courts, with PTI’s lawyer, Latif Khosa, and the Additional Attorney General present in court.
What did the Supreme Court decide?
During the hearing, Khosa suggested that at least the detainees should be allowed to meet visitors in jail. Justice Ameenuddin responded that the Attorney General had already given assurances regarding such meetings.
The court rejected Khosa’s request to transfer the detainees to regular jails.
The Additional Attorney General informed the court that Defense Ministry’s lawyer, Khawaja Haris, was unwell with stomach pain and could not appear in court, so the hearing should be postponed.
The court accepted this request and postponed the case until Thursday.
About military courts
The purpose of military law is to maintain discipline within the armed forces. It was never designed to be applied to civilians. In fact, it was only in 1967, during Ayub Khan’s tenure, that the Pakistan Army Act 1952 was amended, making civilians subject to military law, and allowing trial by military courts.
When civilians are subjected to military law, it has been aruged that they are effectively placed in a situation where their fundamental rights are suspended.
