Justice Mandokhel Questions How a Civilian Can be Tried in Military Courts

SCP - The News Today - TNT
Islamabad:  Rising tobacco and nicotine use among Pakistan’s youth, especially around educational institutions, emerged as the central concern at a national review session on tobacco control held by the Aurat Foundation in Islamabad. Participants from Parliament, government departments, health organizations, and civil society warned that easy availability of cigarettes, vapes, nicotine pouches, and flavored tobacco near schools is creating a growing public health threat. The discussion also pointed to a noticeable increase in tobacco use among women, indicating a shifting trend. The session called for stronger legislation, faster policy action, and strict enforcement to counter the rapid spread of emerging nicotine products. Speakers emphasized that existing laws remain poorly implemented due to procedural delays, weak monitoring, and limited coordination between federal and provincial bodies. The need for clear parental awareness, community engagement, and better recognition of new nicotine products was highlighted as an essential part of early prevention. Officials noted that families and schools often remain unaware of modern products marketed to young people. Technical briefings identified major enforcement gaps and policy loopholes that allow the tobacco industry to expand its reach. Participants noted that companies are increasingly using social media trends, entertainment content, and youth-focused marketing to promote vaping in urban areas. Government representatives reaffirmed ongoing federal efforts to implement the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance 2002 and to tighten regulations where required. Provincial representatives also announced plans to introduce new resolutions to strengthen tobacco control. Education sector officials raised alarms over the rise of nicotine products around private institutions and called for tougher regulatory checks. Regulatory authorities stressed the need for a broader social movement to counter tobacco use nationwide. Closing the event, the Aurat Foundation reiterated its commitment to evidence-based advocacy, cross-sector collaboration, and long-term public awareness initiatives aimed at building a healthier, tobacco-free society.

ISLAMABAD: The seven-member constitutional bench of the Supreme Court of Pakistan (SCP) adjourned the hearing of intra-court appeals against the decision to try civilians in military courts until Friday (tomorrow).

The federal government lawyer Khawaja Haris argued that the Army Act is applicable to civilians in certain circumstances and that the Supreme Court does not have the authority to nullify the provisions of the Army Act.

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Justice Jamal Mandokhel raised critical questions regarding the applicability of military discipline to civilians, asking how a person who is not in the armed forces can come under military discipline.

He further questioned whether bringing an unrelated person under military discipline would violate Article 8 of the Constitution. Justice Jamal also pointed out that the discipline of a particular department applies to an employee of that department, and inquired how discipline could be applied to someone not part of any department.

Justice Musarrat Hilali questioned whether the fundamental rights of the accused are forfeited when a case is tried under the Army Act, asking if a person who falls under the Army Act is treated as though they “go to another world.”

In response, Khawaja Haris, representing the government, clarified that in certain circumstances, the Army Act is applicable to civilians. He emphasized that the court does not have the authority to repeal the provisions of the Army Act.

Justice Jamal responded that if someone is suspected of inciting violence, the Army Act could apply to them as well.

Justice Muhammad Ali Mazhar underscored the importance of identifying any defects in the court’s earlier decision, reiterating that this bench has the authority to review constitutional points raised in the intra-court appeals.

The judges also discussed the nature of trials depending on the offense.

Justice Jamal pointed out that if there is an attack on the President’s House, the trial will be held in the Anti-Terrorism Court, while an attack on military property would lead to a trial in a Military Court.

Khawaja Haris, defending the government’s position, emphasized that the decision to try civilians under military courts was made through legislation.

He also reassured the bench that in military courts, the accused is provided with a lawyer and access to all relevant materials.

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