Pakistan Supreme Court Questions Army Act's Role in 2014 APS Attack Trials

The Supreme Court of Pakistan, led by Justice Amin-ud-Din Khan, is examining why the Army Act was not used in the 2014 Army Public School (APS) attack cases. The court is reviewing an appeal about military trials for civilians in terrorism cases. Khawaja Haris, representing the Ministry of Defence, discussed military court jurisdiction. Justice Jamal Khan Mandokhail questioned the need for constitutional changes for military trials when the Army Act exists. Haris explained that crimes linked to the armed forces fall under military courts. He noted that terrorist acts connected to extremist groups could be tried under the Army Act, with or without constitutional amendments. Justice Mandokhail suggested considering the intent behind crimes against national interests. The court is focusing on significant cases like the APS attack to assess military court applications. Haris acknowledged the attack's military connection but said it wasn't tried under the Army Act. The 21st Constitutional Amendment expanded military trials to include terrorism-related crimes. Justice Muhammad Ali Mazhar emphasized the court's role in assessing constitutional legitimacy. The bench also discussed the parliamentary debate on the 21st Amendment. Justice Naeem Akhtar Afghan highlighted the emotional context of its passage. Justice Hassan Azhar Rizvi noted the former Senate Chairman's role in its approval. Haris stated that if the Supreme Court upholds certain Army Act sections, challenges to military courts should be dismissed. The hearing will continue on Thursday. The APS attack on December 16, 2014, was the deadliest in Pakistan's history, with 147 people, including 132 children, killed.