ISLAMABAD, Dec 13: On Friday, Pakistan’s Supreme Court granted conditional approval for military courts to deliver reserved verdicts in the cases involving 85 civilians accused of participating in the violent protests that occurred on May 9 of last year.
A seven-member bench, led by Justice Aminuddin Khan, reviewed intra-court appeals (ICA) challenging a previous judgment from a five-member bench which favored civil courts over military courts in these civilian trials.
At the conclusion of Friday’s proceedings, Justice Khan clarified that the military court verdicts would be contingent upon the court’s final ruling regarding the appeals related to the October 23, 2023 decision.
The court instructed that suspects eligible for leniency in their sentences “should be granted that consideration and released,” while those who cannot be freed should be incarcerated following their sentence announcement.
This matter involves over 100 suspects referred to military authorities for trial due to their alleged involvement in attacks on military installations during the protests against the arrest of former Prime Minister Imran Khan on May 9, 2023.
On October 23 of last year, a unanimous ruling by a five-member SC bench, led by Justice Ijazul Ahsan, determined that trying civilians in military courts violates the Constitution.
It further clarified that the accused individuals should be tried in civil courts rather than military tribunals.
However, on December 13 of last year, the Supreme Court, in a 5-1 majority decision, conditionally suspended its previous October ruling—though it was by a different bench—pending a final judgment during the ICA hearings.
Subsequently, in March, a six-member bench also conditionally permitted military courts to issue reserved verdicts in these cases, modifying the December 13 injunction to allow trials in military courts but prohibiting any convictions or acquittals until the ICAs initiated by the government were resolved.
In the latest order, Justice Khan mentioned that the right to appeal military court decisions in high courts would be paused until the apex court resolves the ongoing case.
The hearing has been postponed until after the court’s winter recess, which concludes in January. PTI SH
