The Constitutional Bench of the Supreme Court of Pakistan began hearing a case challenging the legality of military courts today. A seven-judge bench, headed by Justice Aminuddin Khan, is presiding over the case.

During the hearing, arguments were presented by the Ministry of Defence’s lawyer, Khawaja Haris. Justice Jamal Mandokhail raised concerns about the trial procedures in military courts, questioning the process where the officer conducting the trial does not deliver the verdict.

Justice Mussarat Hilali clarified that the officer conducting the trial forwards the case to a senior officer who then delivers the verdict. She questioned how an officer who did not preside over the trial could deliver a judgment.

Justice Mandokhail, citing his 34 years of experience, questioned whether the presiding army officer possesses the necessary experience and expertise to hand down sentences, including the death penalty.

Khawaja Haris stated he would provide a detailed explanation of the military trial procedures in the next part of his arguments.

Justice Naeem Afghan noted that the trial procedures in special courts under the Army Act differ from those in civilian courts, requesting clarification on the stages involved in military court trials.

Justice Hassan Azhar Rizvi clarified that the trials in special courts are similar to those in civilian courts, adding that a legal officer is appointed to assist the accused.

The case is also being examined in light of fundamental rights and Article 10-A of the Constitution, a point emphasized by Justice Mandokhail.