Constitutional bench says judgements of military courts to be conditional to top court verdict on pending cases
\n ISLAMABAD
\nThe Supreme Court\u2019s constitutional bench has granted conditional permission to military courts to announce verdicts in cases involving 85 suspects \u2014 allegedly involved in the May 9, 2023, riots.
\nIn its order on the hearing of the appeals against civilians\u2019 military trial, the constitutional bench said judgements of military courts would be conditional to the top court verdict on the cases pending before it.
\n\u201cThe suspects eligible for clemency should be granted it and released, while those who cannot be released should be transferred to prisons after being sentenced,\u201d the constitutional bench said.
\nThe bench, led by Justice Aminuddin Khan, heard intra-court appeals challenging military court decisions. The bench also 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.
\nThe top court, in its unanimous verdict by a five-member bench, on October 23 last year declared civilians\u2019 trials in military courts null and void after it admitted the petitions challenging the trial of civilians involved in the May 9 riots. However, on December 13, 2023, a six-member bench of the apex court \u2014 with Justice Hilali differing with the majority \u2014 suspended its October 23 order on petitions challenging the earlier verdict.
\nThe PTI called the Supreme Court\u2019s 5-1 decision to suspend its ruling of nullifying military trials of civilians a \u201cjudicial coup\u201d.
\nThe more than 100 civilians facing military trials were those who had allegedly ransacked military installations across the nation on May 9, following PTI founder Imran Khan\u2019s arrest in a graft case.
\nThe hearing
\nAt the outset, Justice Mandokhail remarked that arguments should focus on whether the annulled provisions of the Army Act align with the Constitution. He questioned whether amendments to the Army Act could bring all individuals under its purview, noting that the act was enacted prior to the 1973 Constitution.
\nJustice Mazhar asked for reasons behind the annulment of provisions in the judicial verdicts.
\nIn response, Ministry of Defence\u2019s lawyer Khawaja Haris pointed out flaws in the Supreme Court\u2019s earlier decisions.
\nJustice Mazhar further noted that details of the May 9 incidents had been requested, but so far, the case only involved the Corps Commander House. He asked whether the matter would remain limited to this case alone.
\nAdditional Attorney General replied that all details had been received earlier in the morning and would be submitted as a miscellaneous application.
\nJustice Hilali raised concerns about the trials conducted under the annulled provisions. She asked what would happen to cases adjudicated before May 9 under these provisions.
\nThe defence ministry\u2019s counsel responded that decisions made under the provisions before their annulment are generally upheld. Justice Hilali said that this approach might be discriminatory towards the accused.
\nJustice Mandokhail noted that individuals voluntarily join the armed forces and are aware of the applicability of the Army Act, which restricts certain fundamental rights.
\nHe added that the Army Act was established to govern rules and discipline within the military. Haris countered, arguing that no one joins the military with criminal intent, and fundamental rights are only curtailed when crimes are committed.
\nJustice Mandokhail asked whether the Supreme Court, in an appeal, would be confined to the appellant\u2019s plea or could examine other aspects of the case. Justice Aminuddin remarked that while parties could limit themselves to their submissions, the court was not bound by such limitations.
\nAt the conclusion of the hearing, the constitutional bench issued an order allowing military courts to announce verdicts for 85 suspects. The bench stipulated that these decisions would remain subject to the outcome of the Supreme Court\u2019s pending cases.
\nThe bench further directed that suspects eligible for leniency should be granted relief and released, while those ineligible should be sentenced and transferred to prisons.
\nThe hearing of the military courts\u2019 cases was adjourned until after the winter recess.<\/p>\n","protected":false},"excerpt":{"rendered":"
Constitutional bench says judgements of military courts to be conditional to top court verdict on pending cases ISLAMABAD The Supreme Court\u2019s constitutional bench has granted conditional permission to military courts to announce verdicts in cases involving 85 suspects \u2014 allegedly involved in the May 9, 2023, riots. In its order on the hearing of the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-449196","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n