Pakistan's top court rejects plea to transfer civilians held for military trials to regular prisons

The constitutional bench of Pakistan's Supreme Court dismissed on Tuesday a plea to transfer civilians detained for trial in military courts to regular prisons.

At the hearing, Latif Khosa, a lawyer representing the opposition Pakistan Tehreek-e-Insaf (PTI) party, argued that the detainees should at least be allowed to meet their families.

Justice Aminuddin Khan said that the attorney general had already assured that family meetings would be facilitated.

The additional attorney general informed the bench that Khawaja Haris, the counsel for the Defense Ministry, could not appear due to ill health. He further said that Haris had some stomach discomfort and requested the hearing to be postponed.

The court accepted the request and adjourned the hearing until Thursday.

The trial of civilians in military courts became a contentious issue after the May 9 riots, when protesters allegedly attacked military installations following the arrest of former prime minister and PTI founder Imran Khan.

Several civilians were detained under charges of terrorism and related offenses.

Their trials in military courts have sparked widespread criticism from human rights organizations, which argue that such proceedings undermine due process and the independence of the judiciary.

The Supreme Court is now evaluating the legality of trying civilians in military courts, a debate that has significant implications for Pakistan’s judicial system and civil-military relations.

Last week, former Chief Justice Jawwad S. Khawaja filed an application challenging the legality of these trials, arguing that they violate Article 10-A of the Constitution, which guarantees the right to a fair trial.

However, his application was dismissed by the Supreme Court.