The Supreme Court’s constitutional bench on Wednesday asked the government why the trial for the Army Public School (APS) attack was not conducted in a military court despite the existence of the Army Act and a link of the crimes to it.
During the hearing on appeals against the trial of civilians in military courts, the bench also questioned why an amendment in the Constitution was required to conduct terrorism trials in military courts.
The constitutional bench, headed by Justice Amin-Ud-Din Khan, heard the intra-court appeal against the decision to try civilians in military courts, with Khawaja Haris representing the Ministry of Defence.
During the hearing, Haris said the nature of the crime determines where the trial would take place. If a civilian’s crime is related to the armed forces, the trial will proceed in a military court, he said.
Justice Jamal Mandokhail responded, asking whether the intent behind the crime could also be considered — whether the purpose was against the country’s interests.
