Supreme Court Suspends Short Order Against Trial of Civilians in Military Courts

Published on December 13, 2023

In a significant decision, the Supreme Court of Pakistan has suspended the short order against the trial of civilians in military courts. The decision, made by a 5-1 majority, comes as a big relief to the military establishment.

The only dissenting judge in the bench was Justice Musarrat Hilali, the one and only female and Pakhtoon judge. The other five male colleagues on the bench supported the suspension of the short order.

The trial of civilians in military courts has been a subject of debate and controversy in Pakistan. Proponents argue that military courts are necessary to effectively combat terrorism and ensure swift justice, while critics raise concerns about due process and the potential for human rights violations.

The Supreme Court’s decision to suspend the short order indicates that the majority of the bench believes in the efficacy and legitimacy of military courts in dealing with cases related to national security.

The decision is also seen as a validation of the military establishment’s efforts to maintain law and order in the country. With ongoing security challenges, including the fight against terrorism, the military has played a crucial role in ensuring the safety and security of the nation.

However, Justice Musarrat Hilali’s dissent raises important questions about the fairness and transparency of the trial process in military courts. As the only female judge on the bench and a representative of the Pakhtoon community, her dissent highlights the need for a diverse and inclusive judiciary that takes into account different perspectives and experiences.

While the majority decision is a temporary suspension of the short order, it is expected to pave the way for further deliberation and discussion on the role and functioning of military courts in Pakistan’s legal system.

The Supreme Court’s decision has been met with mixed reactions from various stakeholders. Supporters of military courts see it as a necessary step to ensure national security, while human rights activists and legal experts express concerns about the erosion of due process and the potential violation of fundamental rights.

The debate around military courts and their impact on human rights and the rule of law is likely to continue in the coming months. It is essential for the judiciary, the government, and civil society to engage in constructive dialogue and find a balance between national security imperatives and safeguarding fundamental rights.

In conclusion, the Supreme Court’s suspension of the short order against the trial of civilians in military courts has provided a temporary relief to the military establishment. However, it has also brought attention to the need for a robust and inclusive justice system that upholds the principles of fairness and transparency. The debate around military courts is far from over, and it is crucial for all stakeholders to actively engage in finding a balance that ensures both national security and respect for human rights.

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#BREAKING: Big relief to military establishment, #SupremeCourt by 5-1 majority suspended short order against trial of civilians in military courts. One and only female and pakhtoon judge in the bench #JusticeMusarratHilali dissented with her 5 male colleagues in the bench! pic.twitter.com/q6l3bLTWDY

— Asad Ali Toor (@AsadAToor) December 13, 2023

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@AsadAToor said #BREAKING: Big relief to military establishment, #SupremeCourt by 5-1 majority suspended short order against trial of civilians in military courts. One and only female and pakhtoon judge in the bench #JusticeMusarratHilali dissented with her 5 male colleagues in the bench!

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