Can the civilian courts review a court-martial in Pakistan?

The availability of civilian court review is a key element in the 2006 UN Draft Principles Governing the Administration of Justice Through Military Tribunals (also known as the Decaux Principles). Principle No. 17, Recourse procedures in the ordinary courts, states in pertinent part: "In all cases where military tribunals exist, their authority should be limited to ruling in first instance. Consequently, recourse procedures, particularly appeals, should be brought before the civil courts. In all situations, disputes concerning legality should be settled by the highest civil court. . . ."

Against that backdrop, Dawn reports here on some strange developments regarding efforts to obtain High Court review of numerous courts-martial in Pakistan. Excerpt:

It may be noted that there is an ouster clause in the Constitution that bars high courts from hearing matters related to the military.

Article 199 (3) says: “An order shall not be made… on application made by or in relation to a person who is a member of Armed Forces of Pakistan or who is for the time being subject to any law relating to any of those forces.”

However, the superior courts can take up petitions where they observe some mala fide on part of the military authorities.