ISLAMABAD: Supreme Court judge Justice Naeem Akhtar Afghan stated on Tuesday that the trial of civilians in military courts does not violate international principles. His remarks came during the hearing of an intra-court appeal challenging the military trials of civilians.
A seven-member constitutional bench, headed by Justice Amin-Ud-Din Khan, heard the appeal, with senior lawyer Salman Akram Raja arguing on behalf of the convicted defendant, Arzam Junaid.
The case stems from the Supreme Court’s conditional permission last year for military courts to announce verdicts in cases involving 85 suspects linked to the May 9, 2023, riots. The military later sentenced 85 PTI activists to two to ten years of rigorous imprisonment for attacks on army installations and monuments. In January, the military accepted mercy pleas of 19 out of 67 convicts on humanitarian grounds.
During the hearing, Raja argued that military trials violate fundamental rights and international fair trial standards, which require open and independent proceedings. He cited a European court ruling that led several countries to reform their military trial systems.
Justice Jamal Mandokhail questioned the consequences of violating international principles, to which Raja responded that while some international standards are binding, others are not. Referring to Article 10-A of the Constitution, Raja emphasized that the right to a fair trial is based on international principles.
However, Justice Afghan maintained that international law does not explicitly prohibit the court-martialing of civilians. Raja further pointed out that in the UK, military trials are overseen by independent judges rather than military personnel. He also referenced a UN Human Rights Committee report criticizing Pakistan’s military courts for lacking independence and calling for bail to be granted to individuals in military custody.
Following Raja’s arguments, the hearing was adjourned.
