Though the Supreme Court has stopped the military trials of civilians arrested after violent protests of May 9, many wonder why people other than army men were tried in such courts despite that civilian courts were functioning.

“The military courts are an extension of military law,” legal expert Hafiz Ahsaan Ahmed told Aaj News as he explained the scope of such courts and its impact on national security.

Whether in any country, he stated that the world has five parameters in order to try civilians in military courts which are

1. If any civilian attacks a military installation or does any illegal activity
2. If there is any doubt involved in national security issues
3. If someone hinders or comes against an ongoing military operation
4. If a civilian commits illegal work with military personnel
5. Espionage, spies, terrorism, national security, and terrorism activity is involved.

“The jurisdiction to exercise these laws lies with the military courts,” Ahmed said and added the inclusion of Section 2(1)(d) and Section 59(4) to the Pakistan Army Act. He went on to add that over the years, the rule was validated till October 23.

It is merit here to mention that the two sections were declared to be unconstitutional by the court. Justice Yayha Afridi disagreed with striking down the sections.

Section 2(1)(d) of the Pakistan Army Act states: “persons not otherwise subject to this Act who are accused of seducing or attempting to seduce any person subject to this Act from his duty or allegiance to government, or having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistan” can be tried under the secrets act.

Section 59(4) states : “Notwithstanding anything contained in this Act or in any other law for the time being in force a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of subsection (1) of section 2 shall be liable to be tried or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at a time when such person was subject to this Act ; and the provisions of this section shall have effect accordingly.”

“This SC decision is apart from the settled jurisprudence of the apex court or apart from the already held validated law. It will have big repercussions on national security,” Ahmed added.