Abstract:
Military courts were formulated to counter certain nature of offences related to terrorism subsequently military courts in Pakistan were given the wide powers to try civilians through 21stConstitutional amendment by achieving certain amendments in the Pakistan Army amendment Act 1952 (2015). A research study was carried out to somehow answer with the best of our knowledge and ability to inform people regarding the establishment of the military courts and the aim behind granting military courts the vast powers over the civilians and to answer the question raised by the human right activists regarding the fundamental rights infringement like fair trial etc. by the military courts.
The secondary data collection approach was used in the research project. After 21stConstitutional amendment subsequently, when the military courts were granted the extension through 28th Constitutional amendment, then the problem stirred and the chaos started,numerous questions were raised; most prominently regarding the Constitutionality of the military courts and it is believed that the military courts invades the fundamental rights enshrined in the Constitution of Pakistan 1973 especially the fair trial right. In the research project all such issues are addressed which results in the neutrality and the military courts were granted the Constitutional backup by the august courts; when these issues were raised before the courts and military courts does not infringe any fair trial right as they ensures the evidence to be collected according to the procedure of the ordinary courts, as military courts were established to conduct speedy trials but somehow it do curtail some of the necessary fundamental rights like by conducting the secret hearing etc.
