Pakistan's Supreme Court Questions Army Act in APS Attack Trials

The Supreme Court of Pakistan, led by Justice Amin-ud-Din Khan, is questioning why the Army Act wasn't used for military trials in the 2014 APS attack. The hearing, challenging military trials for civilians in terror cases, delves into jurisdiction, constitutional amendments, and the role of military courts.

The Supreme Court of Pakistan, under Justice Amin-ud-Din Khan's leadership, is scrutinizing the application of the Army Act in the aftermath of the 2014 Army Public School attack, reportedly according to The Express Tribune. The court is assessing the constitutionality of military trials for civilians implicated in terrorism-related charges.

Khawaja Haris, representing Pakistan's Ministry of Defence, argued before the court regarding the jurisdiction of military courts. During the proceedings, Justice Jamal Khan Mandokhail questioned whether constitutional amendments were necessary for military trials, emphasizing that the Army Act already provided a framework. Justice Mandokhail raised questions about the past non-application of the Army Act in such trials.

Khawaja Haris clarified that crimes linked to the armed forces fall under military jurisdiction. He noted that the Army Act could prosecute terror acts linked to religious extremism, with or without constitutional changes. Justice Mandokhail suggested considering the crime's intent regarding national interests. Meanwhile, the 21st Constitutional Amendment's impact on military trials was discussed, particularly regarding the APS attack, which though connected to the military, was not directly tried under the Army Act.

The Supreme Court also reflected on parliamentary debates around the 21st Constitutional Amendment. Justice Naeem Akhtar Afghan discussed its emotional passage context, while Justice Hassan Azhar Rizvi highlighted political efforts for its approval. Haris argued for the dismissal of military court challenges if the Supreme Court upholds sections of the Army Act. Further deliberations are set for Thursday.

According to Dawn, the 2014 APS attack was the deadliest terror attack in Pakistan's history, with 147 fatalities, including 132 children, when terrorists stormed the school premises.

(With inputs from agencies.)