The Supreme Court has declared that a civilian could not be tried under field court martial as it did not apply on them. Announcing the decision reserved earlier by a larger bench headed by Justice Sardar Muhammad Raza Khan on an appeal filed by one Ghulam Abbas, the court held the field court martial quorum non-judice (not a proper forum) for the purpose trying the civilian/the appellant.
The court accepting the appeal held that the appellant has already undergone the period of jail which other accused had, therefore, the civil court cannot proceed against him. Ghulam Abbad had moved against the 23-year conviction awarded to him some four and half years ago, through court martial on account of certain criminal charges emanated from a contract, he had for supply of the lubricant oil to a section of the army. Along with him, certain army men were also charged and convicted to four years imprisonment each.
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