ISLAMABAD – Justice Jamal Mandokhail of the Supreme Court (SC) questioned how civilians could be tried in military courts when Clause D ensures their basic rights.

During a hearing on a petition challenging civilian trials in military courts, Justice Mandokhail referred to the FB Ali case, asking, “With Clause D in place, how can civilians be tried in military courts?” The case is being heard by a constitutional bench led by Justice Amin-ud-Din Khan.

The Ministry of Defence’s lawyer, Khawaja Haris, argued that the FB Ali case had been cited incorrectly by the opposing side. Justice Naeem Akhtar Afghan pointed out that the case was decided under the 1962 Constitution and should not be interpreted under the 1973 Constitution.

Justice Mandokhail further stated that Article 8(3) A of the Constitution prevents certain laws from being declared void in terms of basic rights, emphasizing that the FB Ali case states that military trials do not apply to civilians under Clause D.

Khawaja Haris countered that if Article 8(3) A were applied to civilians, they would lose their fundamental rights, making the petition non-maintainable. However, Justice Mandokhail asserted that the Supreme Court has the authority to decide on the matter independently.