‘’ The world suffers a lot. Not because the violence of bad people.

But because the silence of good people ‘’



Military trial is the distinct legal system in contrast of criminal justice system. It applicable on both military officers and in particular circumstances on civilian. the practice to run military court simultaneously to general justice system is exist in many countries including Pakistan but the procedure which is adopted in military trial of Pakistan is completely opposite the procedure which is practice in our criminal courts so, that brutal trial just not affront the fair trial process but also raise question on the independence of judiciary of Pakistan.

Historically, the establishment of military court in Pakistan is based on these three piece of legislation include Pakistan Army Act 1952, Pakistan air force act 1953 and Pakistan Navy ordinance 1961. Generally the purpose to establish military court to maintence discipline among military  offices and make them accountable for their guilty actions so its jurisdiction is just limited to military officers not applicable on civilian but its jurisdiction extend to civilian in 1967  by defense service law amendment ordinance 1967 ( Aye khan Region ) and in 1975 ( Z.A Bhutto region ) so , after that military court have jurisdiction to trial of civilian for offences which are covered under Pakistan army act 1952 and official secret act 1923 .

Moreover, the jurisdiction of military court more extends after the brutal incident of army public school, 16 Dec 2014. that was the shocking incident for whole country and to avoid such type of terrorist attack a tremendous step need to take so on account of state security and necessity the jurisdiction of military court extend to terrorism cases by 21st amendment in constitution of Pakistan but that power just for 2 years but further extend to 2 years in 2017 by 23rd amendment in constitution of Pakistan due to its speedy trial system but that power end in 2019 by sunset clause.

Practically , its seems that civilian can be trial in military court in Pakistan for those offences covered under Pakistan army act 1952 and official secret act 1923 and not others but that’s possibility is not the guarantee that the trial conduct here is fair .

Basically, the procedure practice in military trial in Pakistan is completely opposite to the procedure practice in criminal trial in Pakistan like in military court

  Trial conducted by military officers.  

Trial conducted in military installments.

Proceedings are conduct under secrecy, no camera, and no media 

Detention for indefinite time

Accused after confession again send back to the custody of military officers

Obstruction in consultancy with own council

Judgment without reason and finding

No copy of judgment is provided

No right of appeal available against judgment of military officers

Conviction granted on confession 

So, these all facts demonstrate that the trial conduct in military court is not fair because for fair trial that is necessary that

Presiding officers must be competent , independent and impartial

 Confession must be voluntary without coercion

Every person must have right to consult his counsel

Due process must be followed

1.      Accused send in judicial custody after confession

2.      Judgment must be reason base

3.      Copy of judgment provided for appeal

4.      Have right of appeal

So, the military trial of civilian is just not affront the fair trial but also violate of Art 14 of

ICCPR which is ratified by Pakistan. Moreover its existence simultaneously with general

judicial system also raise question on independence of our judiciary.

So, in current scenario on the ground of state necessity as the Guardian of constitution that is the responsibility of law makers to empower the current criminal justice system.