The Supreme Court (SC) has allowed military courts to announce verdicts for 85 cililians who were in detention due to their suspected participation in the riots that occurred on May 9 of last year. This development was widely anticipated and did not come as a surprise.
Section 2 of the Army Act has spelt out who can be tried under the Army Act. Subclause (d) allows civilians to be tried if they are accused of seducing or attempting to seduce any person subject to this Act from his duty or allegiance to the government or having committed any offence concerning the naval, military, or air force affairs of Pakistan under the Official Secrets Act. The heart-rendering May 9 episode was not a political protest that turned violent. It is believed to be a mutiny aimed to eviscerate the state institution from within. Taking away the files from the Core Commander’s house, destroying and attacking the military installations, and belonging to Armed forces fall under the purview of the Army Act and the Official Secret Act and can be tried by the military courts as per section 2 of the Army Act.
Not denying is the fact that there is no prohibition in the Constitution. Article 10 A of the Constitution only talks about a fair trial. Whether or not a trial is fair depends upon the facts of every trial. There is no hard and fast rule that every trial in an ordinary court shall be declared a fair trial and a trial in a military Court is destined to be an unfair trial. A trial may be fair in any court of law and it may accomplice the opposite in any court depending upon the facts and details of every case separately.
Pakistan Army (Amendment) Act 2015 also provided explicitly that those involved in terrorism or attacking military installations could be tried by military courts under Army Act. Though enacted for a short period, it is no longer in the field, yet it is sufficient to cull this ambiguity about whether or not civilians can be tried under the Army Act. Supreme Court has also declared that a civilian can be tried under the Army Act. (2017 SCMR 1249)
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