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A policeman walks past the Supreme Court building in Islamabad on October 31, 2018. — Reuters
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ISLAMABAD: A constitutional bench of the Supreme Court on Monday reserved its decision on the intra -court appeal, challenging the decision to hear the trial of civilians in the military courts.
Justice Aminuddin Khan said, who is listening to the matter, who is heading a seven -member bench, said that a brief verdict is likely to be issued this week after the end of the appeal hearing.
During the hearing, the Attorney General of Pakistan Mansoor Usman Owen said that 39 military installations were attacked on May 9 from 3 pm to 7pm. 23 of them were in Punjab, 8 in Khyber Pakhtunkhwa, and one in Sindh. The entire incident on May 9 was carried out with a systematic plan.
When presenting the arguments, the Attorney General said that even if the events of May 9 were a reaction, such actions could not be condolences. “Our country is not uncommon. Because of its geography, we are constantly facing important risks,” he said.
The Attorney General informed the court that the army had taken disciplinary action on negligence in the Jinnah House attack, and that three senior officers had retired without any pensions and benefits. They included Lieutenant General, a Brigadier, and Lieutenant Colonel.
He added that dissatisfaction was expressed about the performance of 14 officers, which would not be considered for future promotions.
Justice Jamal Khan Mandokhel asked if any criminal proceedings have been initiated against any officer. The Attorney General replied that if a crime was committed, there would have been a criminal action. Disciplinary measures were taken to fail to stop the May 9 incident.
Justice Mandokhel remarked that the criminal sentence would have to be supported by the departmental proceedings under the Army Act. The AGP replied that the officers who used the prevention were subjected to disciplinary action.
The court later reserved its decision on the intra -court appeal against the decision to ban civilian military cases.
At the end of the hearing, Justice Aminuddin, the head of the constitutional bench of the Supreme Court, said a brief order would be announced later this week.
The background of the case
Protests took place across the country on May 9, 2023, following the arrest of Imran Khan by security forces in the premises of the Islamabad High Court. Some protesters also targeted military facilities, such as Corps Commander House in Lahore and General Headquarters (GHQ) in Rawalpindi. In response, hundreds of Pakistan Tehrik-e-A-Justice (PTI) leaders and workers were taken into custody. Of these, 102 cases were transferred from the Anti -Terrorism Courts to military courts.
There were major legal challenges for the decision to hear the trial of civilians in the military courts.
The intra -court appeal was first heard by a five -member bench, headed by Justice (Rated) Tariq Masood, who then retired in March 2024.
On October 23, 2023, a five -member bench, in its unanimous decision, challenged the trial of civilians involved in the May 9 riots, dismissing the cases of civilians in the military courts.
After the 26th Amendment, a seven -member constitutional bench resumed hearing in December 2024.
The bench formed under the 26th Constitutional Amendment finally allowed the trials when the Supreme Court had previously rejected them.
A bench of seven judges picked up the SC on October 23, 2023, on October 23, 2023, against the SC, as well as the federal and provincial governments, as well as two dozen intra -court appeals (ICA) transferred by the Shuhada Forum Balochistan, etc.
In December 2024, a constitutional bench of the Apex Court granted the military courts conditional to announce a verdict in cases related to 85 suspects, allegedly involved in the riots on May 9, 2023.
In his order, the Constitutional Bench said that the decisions of the military courts would be subject to a high court decision on pending cases before.
Subsequently, military courts sentenced 85 PTI workers to “severe imprisonment” of two to 10 years for being involved in the May 9 protests, indicating the end of the trial for military custody on military installations and attacks on monuments.
In January, the army accepted the request for mercy of 19 of the 67 criminals convicted of “humanitarian grounds” in the May 9 riots on May 9, said Inter Services Public Relations (ISPR).
It should be noted that on several occasions, members of the seven -member SC bench have made statements stating that the trial of civilians in military courts is not illegal.
During the January 7 hearing this year, the bench also confirmed that if the Army committed any crime under the Act, citizens would certainly face a military case.
In addition, during the February hearing, Justice Naeem Akhtar Afghan of the Supreme Court has observed that citizens’ court martial is not banned under international principles.
In March, Justice Jamal of the Supreme Court remarked that the trial should be punished regardless of the trial.
During the March hearing, Justice Muhammad Ali Mazhar inquired about the number of people issued by the military courts. Civil society lawyer Faisal Siddiqui said 105 suspects were tried, of which 20 were released.
However, the Attorney General of Pakistan Mansoor Usman Aun intervened and told the court that the additional 19 has been released, which has led to a total of 39, while 66 suspects are in jail.
