The Supreme Court’s Constitutional Bench resumed its hearing over the appeals against the trial of civilians in military courts, during which Justice Musarat Hilali has questioned the difference between the 2014 APS attack and the May 9 protests.
The seven-member bench, led by Justice Ameenuddin Khan, heard arguments from Khawaja Ahmad Hussain, the lawyer representing Justice (R) Jawad S. Khawaja.
During the proceedings, Hussain argued that “ordinary civilians do not fall under the Army Act, which applies to Pakistan’s military personnel and civilian employees of the armed forces.”
Justice Hassan Azhar Rizvi inquired whether the Army Act applies to attacks on airbases. Justice Hilali added, “The APS attack was an act of terrorism, whereas May 9 was a protest. What differentiates the civilians involved?”
Khawaja Hussain explained that the APS attack led to the 21st Constitutional Amendment, enabling military trials of those responsible for terrorism.
“May 9 protesters should be trialed, but not in military courts,” he argued. Justice Aminuddin Khan acknowledged that the court has the authority to review any legislation contradicting the Constitution.
Justice Musarrat Hilali remarked, “All the children killed in the APS attack were civilians.”
