Trial of civilians in military courts: KBA voices its opposition to SC verdict

KARACHI: The Karachi Bar Association (KBA) here Wednesday rejected the judgment passed by seven-member bench of Supreme Court in ICA and connected appeals about trial of civilians in military courts.

In a press release it alleged: “this retrogressive judgment restores provisions of the Pakistan Army Act 1952, which enable the trial of civilians by military courts, and constitutes a serious blow to the basic structure of the Constitution, including Article 10-A.8.175(3) and 4, among others.”

It said the verdict comes at a time when the legal fraternity is already engaged in a continuous and principled struggle against corporate farming, the 26th constitutional amendment, and PECA amendments, all reflecting executive excesses.

It claimed that the latest judgment marks yet another judicial capitulation before the coercive organs of the state. “It sets a dangerous precedent where military jurisdiction can now be extended over civilians, eroding the sanctity of civilian supremacy and paving the war for further repression of political dissent, free speech, and peaceful protest.”

It claimed that the decision is not merely a judicial misstep it is a clear abdication of the judiciary’s constitutional role as a check on executive power. It alleged that instead of upholding fundamental rights, the judgment lends judicial endorsement of militarization of justice, and compromises the principle of due process, open trial, and impartial adjudication, all of which are the cornerstones of any democratic order. “It is deeply alarming that the judiciary, instead of acting as bulwark against executive overreach, now appears to be subservient to non-civilian institutions, thereby undermining public confidence in judicial independence.”

The KBA asserted that no constitutional interpretation, no matter how technical, can justify the military trial of a civilian. It opined that such trials are inherently incompatible with constitutional guarantees, international law, and the globally recognised right to a fair trial. It said the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan is a signatory, strictly prohibits such practices.

It called upon all Bar Councils and Association across the country, including the Pakistan Bar Council, Supreme Court Bar Association and Provincial Bar Councils to immediately convene and form a National United Front against this “unconstitutional encroachment”. It also urged the civil society, democratic political parties, media, human rights defenders and masses to “resist to this judicial surrender and reclaim the constitution from creeping authoritarianism”.

The KBA demanded that the parliament must immediately legislate to permanently prohibit military trials of civilians, amend the Pakistan Army Act 1952 accordingly, and restore the sanctity of Article 10-A. No delay can be justified in protecting the constitution and the unalienable rights of the people.

The KBA said it will continue its lawful resistance, including legal, institutional and democratic means, to oppose the judgment. It said the legal fraternity stand united and resolute to not to allow the subversions of the constitution under the guise of the national security.

Copyright Business Recorder, 2025