Detailed Judgment of the Supreme Court in the Military Courts Case
The Supreme Court has released its detailed judgment in the Military Courts case in which it has been held that Military Courts conform with the procedural fairness and due process. The Army Act has detailed rules and procedure for trial and they do not infringe Article 10A. The Court further held that there is a curve-out in Article 8(3)(a) of the Constitution which provides an exception for Army Act and Military Courts. The Parliament is competent to create courts or tribunals of different natures under Article 212 of the Constitution even if such tribunals do not fall in the hierarchy of the courts. Further held that Military Courts also do not offend Article 175 and the scheme of trichotomy of power under the Constitution as the Constitution itself provide for the establishment of such other courts and tribunals.
Justice Mazhar has added his additional note as well.
i.c.a._5_2023_2292025 i.c.a._5_20223_conj_22092025
