The Constitutional Bench of the Supreme Court of Pakistan has started hearing the case related to military courts. The court also postponed hearings of other cases, including electoral fraud, without proceeding further. Justice Ameenuddin Khan stated that the bench would only hear the military courts case today.

During the hearing, Khawaja Haris, the defense ministry’s lawyer, argued that the Supreme Court had previously ruled that civilians could be court-martialed under military jurisdiction. Justice Jamal Mandokhail, however, questioned who the affected party and appellant in the current case were. Khawaja Haris clarified that the appeal was filed by the Ministry of Defense.

Justice Mandokhail remarked that the executive branch, such as the Ministry of Defense, cannot act as a judge when a crime involves the executive itself, pointing out that the constitution clearly divides powers between branches of government. He emphasized that the executive cannot take on the role of the judiciary.

Khawaja Haris argued that the executive could decide if no other forum was available, to which Justice Mandokhail responded by citing the Counter-Terrorism Courts as a legal forum for such cases, questioning how the executive could judge itself when other forums exist.

Justice Mandokhail further clarified that the Army Act is limited to members of the armed forces, which Khawaja Haris disputed, claiming that the Army Act applies to various categories beyond just armed forces personnel. Justice Mandokhail raised concerns about whether criminal matters could fall under the purview of Article 8(3) of the Constitution, which pertains to the discipline and functioning of the military.

Khawaja Haris argued that personnel of the Pakistan Armed Forces are citizens just like others.