SC bench allows military courts to pronounce verdicts against May 9 accused
Rules that military courts’ verdicts against 85 civilians will be subject to bench’s final ruling on appeals: Constitutional bench adjourns hearing of ICAs until after winter vacations
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The Supreme Court’s constitutional bench has allowed military courts to pronounce their verdicts reserved earlier in 85 civilian cases related to May 9 vandalism, but declared that their decisions will be subject to the final judgment in the appeals being heard by the bench, reported 24NewsHD TV channel.
Announcing the ruling after proceedings on Friday, Justice Aminuddin Khan, who is heading the seven-judge constitutional bench said “Accused who can be given concessions in their punishment should be allowed so and released.”
The judge further ordered that the accused who cannot be freed should be moved to jails once their verdicts have been announced.
Earlier hearing the case related to the trial of civilians in military courts, the constitutional bench allowed military courts to issue verdicts for 85 accused.
During the proceedings, the court noted that of the 103 detainees, 20 had already been released, and those eligible for relief should also given and released.
At the start of the proceedings, Justice Aminuddin Khan postponed hearings for all other cases and stated that only the military courts case will be heard today.
During the hearing, Defence Ministry lawyer Khawaja Haris presented arguments in favour of military trials of civilians.
Justice Jamal Mandokhail asked Khawaja Haris to first explain whether the annulled provisions of the Army Act align with the Constitution and to clarify the reasons cited in the court’s decision to nullify these provisions.
Justice Musarrat Hilali also expressed concern about the status of trials conducted under the annulled provisions.
Khawaja Haris argued that the Supreme Court’s decision contained flaws. Justice Aminuddin Khan asked how much more time he would need to conclude his arguments, Haris replied that additional time would be required.
On this, Justice Aminuddin Khan further noted that petitions challenging the 26th Constitutional Amendment also needed to be scheduled, adding that if the current case concludes in the first week of January, the constitutional amendment case will be heard in the second week.
Later, the court adjourned the civilians' military trials case until after the winter vacations.
Friday’s development came as the seven-judge constitutional bench resumed hearing a case pertaining to the trial of 103 civilians for their alleged role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9, 2023.
In a widely praised ruling on October 23, 2023, a five-member SC bench — comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik — had unanimously declared that trying the accused civilians in military courts violated the Constitution.
The apex court had declared that the accused would not be tried in military courts but in criminal courts of competent jurisdiction established under the ordinary or special law of the land. However, on December 13 last year, in a 5-1 majority verdict, the SC conditionally suspended its own Oct 23 ruling — albeit by a different bench — pending a final judgement as it heard a set of intra-court appeals (ICAs).
Reporter Amanat Gishkori