SC seeks details of 5 convicted by military courts

E-Paper | October 18, 2026

SC seeks details of 5 convicted by military courts

Irfan Haider Published June 16, 2015

ISLAMABAD: The Supreme Court on Tuesday directed Attorney General Salman Aslam Butt to submit details pertaining to the trials of five convicts awarded death sentences by military courts in order to see whether the principle of fair trial was followed or not.

A 17-member full bench of the apex court, headed by Chief Justice Nasirul Mulk, was hearing petitions against the 18th and 21st constitutional amendments.

During the hearing, Hamid Khan — counsel for Lahore High Court Bar Association (LHCBA) — contended before the court that the 21st amendment is reactionary in nature.

The bench took exception when Khan pointed out that Pakistan is signatory to international treaties to uphold fundamental rights.

‘We cannot allow international treaties to dictate our local laws,” said another member of the bench Justice Asif Saeed Khosa.

Justice Khosa also said that the ‘executive’ has attempted to shift the blame for inaction against terrorism on the judiciary in the form of the 21st amendment.

Meanwhile, Chief Justice Nasirul Mulk questioned whether the 21st amendment has successfully given protection to military courts.

Take a look: SC stays military courts executions

Abid Zuberi, the counsel for Sindh High Court Bar Association, will present his arguments against the 21st amendment in the next hearing of the case which was adjourned until tomorrow.

Also read: MPC ends with national consensus on NAP

Military courts were agreed upon by the political leadership under the National Action Plan (NAP) against terrorism adopted in December after the Peshawar school tragedy in which 150 students and staff lost their lives.

The Parliament later amended the Constitution and the Army Act to pave the way for the establishment of military courts for a period of two years.

The army has set up nine courts — three each in KP and Punjab, two in Sindh and one in Balochistan.

Editorial: Military courts: a wrong move

Pakistan should not have military courts, not in the expanded form envisioned by the military and political leadership of the country, not to try civilians on terrorism charges and not even for a limited period of time, according to an editorial published in the Dawn newspaper on December 31, 2014.

Military courts are simply not compatible with a constitutional democracy.

Read full editorial here.

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M. Siddique

Jun 16, 2015 04:47pm

All military court decisions should be automatically reviewed by a high court and then supreme court. The objective of the military courts was to expedite the trial process and not compromise justice.

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PHILOSOPHER (from Japan)

Jun 16, 2015 05:19pm

Are we gonna see another battle between two institutions of Pakistan i.e. civil and military courts?

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Qaisar

Jun 16, 2015 05:39pm

justice delayed is justice denied.

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Irfan

Jun 16, 2015 06:41pm

These military courts resulted only b/c of the incompetence shown by other courts which also involved SC. Had these courts had done there job with honesty there wouldn't be the requirement of military from the first place. I really doubt there is a government influence behind this motive.

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KeyPoints

Jun 16, 2015 07:36pm

This is very complex issue that needs in depth considerations. Point to review: (1) Yes, if criminals go scott free, due to possible political influence, should military court step it to investigate & punish such criminals? (2) If military courts convict & punish any criminal, does criminal has right to appeal in military or civilian courts? (3) Do judges of military courts have full protection under the laws? (4) If it is true that certain trials could not be carried out by civilian courts and military courts were asked to deal with such cases, than what was reasoning behind it, and why civilian courts could not do what military courts would do? (5) Is there any duplication of court system in the country? Finally, suffering people of Pakistan at hands to criminals & terrorists, want criminals and terrorists to be put though speedy trials, and award punishjments as soon as possible, regardless of which court does the trials. Thank you.

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Dr. Syed

Jun 16, 2015 07:40pm

When civilian courts are unable and incapable of delivering justice to people, military courts may be the answer. Nations that do not provide justice to their subjects have no right to exist asa nation.

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Jun 16, 2015 07:42pm

A good judgement to stop un necessary punishment by the government and its departments.

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Zeeshan

Jun 16, 2015 08:02pm

Had our judiciary system better, there would have no need for military courts.

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Pragmatist

Jun 16, 2015 08:09pm

Military courts should try and expeditiously send to gallows the confirmed terrorists involved in killings targeted to create chaos and destroy civilian and government property. Let's make sure that everyday ordinary murderers do not end up in the military courts. In case of non terrorist murders compassion should rule and the death penalty should be absolutely abolished.

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ali

Jun 16, 2015 09:09pm

@Pragmatist Murderer is a murderer, every murder results in terror somewhere to someone. Death penalty for all or NONE. Govt. needs to decide.

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DisparateAamer

Jun 16, 2015 10:07pm

@Irfan No, military courts resulted because of our low national IQ and incompetence of LEAs. Nobody ever thought that no matter how big and how violent a robbery is, it shouldn't be taken to anti-terrorism court. We made wrong use of anti-terrorism courts and they failed. We are gonna make wrong use of military courts and they will fail too.

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DisparateAamer

Jun 16, 2015 10:28pm

@ali And this is exactly why military courts will see the same fate like anti-terrorism courts.

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mumtaz.baig@houstontx.gov

Jun 16, 2015 11:08pm

@Dr. Syed I think these civilian courts are the apex of all corruption. We all have heard inside stories about the corruption among the lawyers and judges. You have to pay them to get dates. These terroists pay the judges to get free. If that is not true then why have these civilian courts not convicted and terrorist. In my opinion millitary courts must also trial the civilian judges for us to find out the truth about this corrupt institution.

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Pervaiz Ahmed

Jun 17, 2015 12:14am

@Qaisar and justice rushed is justice crushed

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Syed

Jun 17, 2015 12:32am

They should get the files of all those cases where death sentence was awarded in civil courts , see if those were given fair trail , military courts are only for speedy trial of terrorist ! Get the file of the qadri guy who shot dead salman taseer in broad day light not far from where these 17 full bench "honorable judges say today " See if salman taseeer got a fair trial !

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Wajahat

Jun 17, 2015 12:46pm

To begin with, militants captured during military operation have no civil rights, they should be tried by military courts, period.

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