Abstract :
This paper explores constitutional law's issues regarding civilian trials in Pakistani military tribunals. Article 10A of the Pakistani Constitution and Article 10 of the International Covenant on Civil and Political Rights (ICCPR) are specifically cited in doing so. The theories of constitutionalism and due process serve as the foundation for the study. In particular, the study looks at whether military courts in a constitutional democracy can be consistent with the values of the rule of law, independence of the judiciary, and fair trial. This research is primarily qualitative and relies on a doctrinal approach. It examines the provisions of the Constitution, prevailing judicial precedents, international standards of human rights, and literature on the subjects. It investigates the legal jurisdiction of military courts in Pakistan and the manner in which they were established following particular amendments to the Constitution on account of the national security concerns. The paper also analyzes the jurisprudence of the Supreme Court of Pakistan, and attempts to reconcile the international concerns on military and fair trial. The results show that even though the military courts have been justified in regard to the exceptional situation of continuing security threats and the exigency of justice, their operational modalities are of grave concern in regard to both the domestic and international legal frameworks. The study recommends strengthening civilian courts and complying with Article 10-A and ICCPR commitments to preserve the constitutional order in Pakistan.