The jurisdiction of military courts in Pakistan has been a topic of debate, especially concerning the trial of civilians.
While the Pakistan Army has consistently adhered to Supreme Court rulings, it is important to understand how jurisdiction is determined.
The May 9, 2023 riots saw a surge in military trials, but only 105 individuals out of thousands detained were tried under military courts—strictly those whose crimes fell under the Pakistan Army Act. Crimes such as attacks on military installations forced intrusions, and interference in national defense qualify for military court trials.
Are civilian trials in military courts a new phenomenon?
No, this is not a new legal provision. The law allowing civilian trials in military courts was introduced in 1967 and upheld by the Supreme Court in 1975. In 2015 and again recently, the Supreme Court lifted stay orders on military courts, reaffirming their legitimacy.
Future of military trials in Pakistan
The ongoing Supreme Court hearings will determine the future of military trials for civilians. If the court rules against them, the responsibility of swift justice will fall entirely on the civilian judiciary, whose efficiency remains a subject of public scrutiny.
Regardless of the outcome, the military has reaffirmed its commitment to following the Supreme Court’s decision, ensuring legal compliance and national security.
