Ahmed Saaed has written this explainer. Excerpt:
What does the Army Act Say?
Section 2(1) (d) of the Army Act allows the trial of civilians in military courts, but that provision has a very narrow scope – per the same provision, only those civilians can be tried in military courts who stand accused of:
(i) seducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or
(ii) having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistan, an offence under the Official Secrets Act, 1923
Colonel Inam-ur-Rahim, a retired official of the Army’s legal wing, Judge Advocate General (JAG) branch, says that under the current legal scheme, civilians accused of rioting cannot be tried under the Army Act.
“If the Federal Government or the Army wants to try the May 9 rioters, then they have to change the Army Act through the parliament as it was done in 2015,” he says.
A case challenging the validity of military trials of civilians has been pending before the Supreme Court of Pakistan since . . . wait for it . . . 2018.
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