ISLAMABAD: In a notable decision, the Supreme Court has permitted the Lahore High Court Bar Association (LHCBA) and the Lahore District Bar Association (LBA) to be impleaded in the ongoing military court case. This move, however, faced opposition from two of the seven judges, who maintained that the issue was purely a legal question.
The seven-judge bench, led by Justice Aminuddin Khan, allowed the LHCBA and LBA applications on July 8. The bench held that the inclusion of these associations could help the court reach a just conclusion in the intra-court appeals (ICAs) against the October 23, 2023 order. The order in question, issued by a five-member bench, had nullified the trial of civilians by military courts in connection with the May 9 violence.
Despite the majority’s decision, Justice Shahid Waheed and Justice Shahid Bilal Hassan expressed their dissent. Justice Waheed pointed out that the applicants had moved their applications under specific rules of the Supreme Court, seeking to be added as respondents in the ICAs filed under the Supreme Court (Practice and Procedure) Act 2023 against the October 23 judgement.
Justice Waheed argued that the primary issue in the ICAs was the lawfulness of Sections 2(1)(d) and 59(4) of the Pakistan Army Act (PAA) 1952, which had not been accurately determined by the original bench. He explained that Section 2(1)(d)(i) of the PAA makes individuals not otherwise subject to the act liable if accused of attempting to seduce an army officer from their duty. Similarly, Section 2(1)(d)(ii) applies to individuals committing offences related to defense establishments or military affairs. Section 59(4) states that any person subject to the PAA can be tried under it.
Justice Waheed emphasized that the issue was a pure question of law and that the validity of the PAA, being federal legislation, could be decided in the presence of the Federation of Pakistan. He questioned whether the applicants should be allowed to join the proceedings to assist in determining the legal questions raised. It was observed that the applicants were not directly aggrieved by the October 23 judgement, as they sought to be impleaded as respondents in the ICAs.
The Supreme Court’s decision to include the LHCBA and LBA underscores the complexity of the legal questions regarding the application of military law to civilians. This development highlights the ongoing debates over the scope and limits of such legal frameworks in Pakistan. By allowing the participation of these esteemed legal associations, the Supreme Court has demonstrated its commitment to a thorough and inclusive judicial process, ensuring that diverse perspectives contribute to a fair and just resolution in this high-profile case. This decision is a positive step towards enhancing the integrity and transparency of the judicial system.
