Supreme Court Seeks Clarification on Non-Use of Army Act in APS Attack
The Supreme Court of Pakistan’s Constitutional Bench recently raised concerns over the non-application of the Army Act in cases related to the tragic 2014 Army Public School (APS) attack. Led by Justice Amin-ud-Din Khan, the bench sought clarification from authorities on this matter during a hearing.
Justice Mandokhail’s Concerns and Questions
During the proceedings, Justice Jamal Khan Mandokhail questioned the necessity of amending the Constitution to allow military trials for terrorism. He emphasized the existing connection between civilian crimes and military courts, highlighting the need for clarity on why the Army Act was not utilized in previous cases, including the APS attack.
Khawaja Haris, representing the Ministry of Defence, explained that the nature of the crime determines whether it falls under civilian or military court jurisdiction. He clarified that if a civilian crime is associated with the armed forces, it should be tried in military courts.
Debate Over Perpetrator Intent and National Interests
Justice Mandokhail suggested considering the perpetrator’s intent to determine if the crime was against national interests. Khawaja Haris reiterated that military courts could handle terrorist acts linked to religious or terrorist groups under the Army Act, with or without constitutional amendments.
The discussion also touched upon the handling of significant cases like the APS attack within the existing legal framework. Khawaja Haris pointed out that while the attack was linked to the military, it was not directly tried in military courts, showcasing the broader scope of crimes covered by the constitutional amendment.
Parliamentary Approval and Judicial Overview
The bench referenced the 21st Constitutional Amendment, which allowed military trials for terrorism post the APS attack. Justice Naeem Akhtar Afghan highlighted the parliamentary debate and judicial reasoning behind the amendment, while Justice Hassan Azhar Rizvi noted the emotional context surrounding its approval.
Khawaja Haris defended the parliament’s role in passing the amendment, acknowledging the former Senate Chairman’s pivotal contribution to its approval. The bench adjourned the hearing till the following day for further deliberation and clarification on the legal aspects surrounding military trials for terrorism cases in Pakistan.
