ISLAMABAD: The Supreme Court’s Constitutional Bench (CB) clarified that court martial should not be confused with martial law. The court stated that martial law is an extraconstitutional measure and is completely unacceptable.
A seven-member bench, led by Justice Aminuddin Khan, resumed hearing intra-court appeals on Thursday. The appeals challenge the October 2023 ruling that nullified the trial of May 9 rioters in military courts.
SCBA Submits Written Arguments
During the hearing, the Supreme Court Bar Association (SCBA) submitted its written arguments. It informed the court that it held a meeting on March 5 to discuss its stance on military trials.
The SCBA asserted that civilians should not be tried in military courts. However, it also acknowledged that the Pakistan Army Act, 1952, had been declared constitutional in past rulings. Therefore, it cannot be overturned at this stage.
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The SCBA further noted that terrorism had increased in Pakistan. It emphasized that citizens deserve peace and stability. The association urged that all legal and constitutional steps should aim to eliminate terrorism.
Hamid Khan’s Arguments on the Pakistan Army Act
Lawyer Hamid Khan, representing the Lahore Bar Association and Lahore High Court Bar Association, presented historical insights. He explained that the Pakistan Army Act was enacted in May 1952, when Pakistan was governed under the Government of India Act.
He noted that Pakistan adopted its first constitution in 1956, introducing fundamental rights for the first time. The Pakistan Army Act, 1952, was later amended in 1967.
Rawalpindi Conspiracy Case and Special Tribunal
Hamid Khan referred to Pakistan’s first conspiracy case, the Rawalpindi Conspiracy Case of 1951. Justice Hasan Azhar Rizvi pointed out that even renowned poet Faiz Ahmed Faiz was implicated in the case.
Hamid Khan explained that the Rawalpindi Conspiracy Special Trial Act of 1951 was introduced to prosecute the accused. The conspiracy aimed to establish a communist system in Pakistan. The accused included both military personnel, such as General Akbar Khan, and civilians. However, their trial was not held in a military court but in a special tribunal.
Justice Mandokhail Questions Relevance of Historical Cases
At this point, Justice Jamal Khan Mandokhail interrupted. He asked about the relevance of these historical cases to the current military trial case. He also questioned whether martial law had any connection to the matter under discussion.
“The Constitution does not allow martial law,” Justice Mandokhail asserted.
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