ISLAMABAD: In a significant ruling, the Supreme Court has declared the trial of civilians in military courts as null and void. The court delivered its verdict with a 4-1 majority after considering arguments.
In a concise order, the apex court asserted that military courts cannot conduct trials of civilians, deeming Section 2 (D) (I) unconstitutional. The Supreme Court accepted all petitions challenging the trials of civilians in military courts and directed that cases involving individuals accused in the May 9 events be transferred to civilian courts.
The court further specified that the trial of 103 individuals charged in connection with the May 9 events must be exclusively held in civilian criminal courts. It's important to note that Justice Yahya Afridi disagreed with the majority opinion.
Previously, a five-member bench led by Justice Ijazul Ahsan had initiated the hearing, with notices issued to all concerned parties. Justices Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha A. Malik were part of this bench. The same case was heard on August 3, 2023.
On July 21, the former Chief Justice of the Supreme Court, Umar Ata Bandial, issued directives stating that civilian trials in military courts should not commence without informing the apex court. Responsible parties would be summoned in cases of order violations. It's worth noting that 13 petitions were filed against military courts, with petitioners including former CJP Jawwad S. Khawaja, senior counsel Aitzaz Ahsan, Karamat Ali, Zaman Khan Vardag, Junaid Razzaq, the Supreme Court Bar Association, PTI Chief Hafeezullah Khan Niazi, retired Lt Col Inamul Rahim, and Naeemullah Qureshi.
New applications have been submitted requesting the court to encourage military authorities to expedite the trials of those accused under the Army Act. Applicants in this regard include Ijazul Haq, Muhammad Rashid, Abdul Sattar, Rashid Ali, Muhammad Abdullah, Umer Muhammad, Hassan Shakir, and Faisal Irshad.
Following the violence on May 9, where both civilian and military installations, including the General Headquarters in Rawalpindi, the corps commander's residence in Lahore, PAF Base Mianwali, and an ISI office in Faisalabad, were attacked, law enforcement agencies apprehended 102 individuals.
The government had previously submitted an application to the Supreme Court, emphasizing the importance of conducting and concluding trials to safeguard the interests of the accused. This would enable the acquittal of those deserving and the release of individuals who may merit minor sentences, having already served time in custody. If convicted, the accused could avail themselves of remedies available under the law, with trials remaining subject to the outcome of proceedings in this case.
