ISLAMABAD: The Supreme Court’s constitutional bench has conditionally permitted military courts to issue verdicts against 85 suspects accused of involvement in the May 9, 2023, violent incidents. This decision was announced during a hearing of appeals that challenged the trial of civilians in military courts.
The bench emphasized that any decisions by military courts would depend on the Supreme Court’s final rulings on pending cases. “Those eligible for clemency must be released, while others should face sentencing and be transferred to prisons,” the bench remarked.
A seven-member bench, led by Justice Aminuddin Khan, conducted the hearing. Other members included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali, and Justice Shahid Bilal Hassan.
In a unanimous verdict on October 23 last year, the Supreme Court nullified the trial of civilians in military courts. However, on December 13, 2023, a six-member bench overturned that decision by suspending the earlier ruling. Justice Musarrat Hilali disagreed with the majority decision.
The Pakistan Tehreek-e-Insaf (PTI) labeled the Supreme Court’s recent 5-1 ruling as a “judicial coup.” The military courts are currently handling cases of over 100 civilians accused of attacking military installations on May 9 after PTI founder Imran Khan’s arrest in a corruption case.
Key Discussions During the Hearing
Justice Jamal Khan Mandokhail focused on whether the annulled provisions of the Army Act align with the Constitution. He asked if amendments could expand its scope to include civilians. Justice Muhammad Ali Mazhar raised questions about why the Army Act’s provisions had been annulled in earlier rulings.
Khawaja Haris, representing the Ministry of Defence, identified flaws in previous Supreme Court decisions. Justice Mazhar also questioned if the case was limited to incidents at the Corps Commander’s House or included other events from May 9. An Additional Attorney General assured the court that detailed records were available and would be submitted.
Justice Musarrat Hilali expressed concerns about trials conducted under annulled provisions. She highlighted the risk of discrimination against accused individuals if prior decisions were upheld.
Justice Mandokhail noted that people voluntarily joining the armed forces agree to the limitations imposed by the Army Act. However, he stressed that no one joins the military with criminal intent. Khawaja Haris countered, arguing that fundamental rights should only be restricted when crimes occur.
The bench clarified that while petitioners might limit their arguments, the court is not restricted by such boundaries. The hearing concluded with the constitutional bench permitting military courts to announce rulings for the 85 suspects, while making these decisions subject to the Supreme Court’s pending cases.
The bench instructed that suspects eligible for leniency should be released, while others should face sentencing and be moved to prisons. The hearing was adjourned until after the winter break.
