A person cannot be tried under the Army Act until the allegations against them have been framed, according to Justice Jamal Khan Mandokhail of the Supreme Court.
The comments were made by an apex court constitutional bench on Tuesday during a hearing on intra-court challenges against the trial of civilians in military courts.
Justice Aminuddin Khan presided over the seven-member bench, which also included Justices Jamal Mandokhel, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal.
Defense attorney Khawaja Haris made his case, outlining the Army Act procedure and the way the Federal Investigation Agency (FIA) and police formulate allegations.
According to Haris, the investigation is carried out by the commanding officer following the charge.