The Attorney General for Pakistan (AGP), Mansoor Usman Awan, approached the Supreme Court to request additional time to consult with the government regarding a fundamental legal issue raised during ongoing hearings about military trials of civilians. The court, comprising seven judges, had questioned whether individuals convicted in cases linked to the violent events of May 9 should have the right to appeal in an independent court.
While addressing the bench, led by Justice Aminuddin Khan, the AGP suggested that the court could propose additional measures for judicial review under the Pakistan Army Act (1952), expanding beyond the existing principles set in a 2015 case. However, he emphasized the need to deliberate further before providing a detailed response to the court’s inquiry.
During the hearing, Justice Jamal Khan Mandokhail underscored the importance of providing a right of appeal, terming it a fundamental right recognized by parliament. Justice Musarrat Hilali expressed concerns about the disparity between military and civilian court proceedings, noting that military courts often decide cases under high-pressure circumstances. Justice Syed Hasan Azhar Rizvi raised the question of whether military officers, who oversee court-martials, possess adequate expertise and understanding of legal evidence.
The AGP justified the use of military courts by highlighting the potential risks to the safety of judges and their families if such dangerous individuals were tried in civilian courts. Meanwhile, senior counsel Khawaja Haris Ahmed, representing the Defence Ministry, defended the legitimacy of military courts, explaining that they function outside the jurisdiction of ordinary courts and are not bound by the traditional judicial framework.
The case has drawn significant attention due to its implications for fundamental rights, judicial oversight, and the framework of military and civilian accountability.,
