The Supreme Court on Thursday adjourned the hearing of intra-court appeals challenging verdicts issued by military courts until Friday.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, heard the case.
During the proceedings, government counsel Khawaja Haris argued that under specific circumstances, the Army Act could be applied to civilians.
Justice Jamal Khan Mandokhail raised concerns about extending military discipline to individuals who are not part of the armed forces. “How can a person who is not a member of the armed forces be subjected to their discipline?” he questioned.
Khawaja Haris responded, “If the law allows, the discipline becomes applicable.”
Justice Mandokhail further remarked, “If someone works in the agriculture department, the department's rules apply to them. Bringing unrelated individuals under a department's purview could potentially violate Article VIII. Does this mean the Army Act can apply to someone simply for expressing instigation?”
The judge noted that even if the country’s Presidency were attacked, the trial would be conducted in an anti-terrorism court (ATC). He also stressed the importance of safeguarding fundamental rights, stating, “A person who is not subject to the Army Act cannot be deprived of their fundamental rights.”
The court will resume proceedings on Friday.