The Supreme Court has announced that the trial of civilians cannot be conducted in military courts and declared Section 2(D)(1) of the Army Act unconstitutional by 4-1.
It ruled that 102 civilians accused of May 9 violence cannot be tried in military courts and their cases should be heard in civilian criminal courts.
On Monday, a five-member Supreme Court (SC) bench reserved its verdict on a series of petitions challenging the military trials of civilians that ensued following violent protests in the country after the arrest of PTI Chairman Imran Khan on May 9.
The bench was led by Justice Ijazul Ahsan and included Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha A. Malik.
Previously, a six-judge bench had been addressing the matter, but after the retirement of former Chief Justice of Pakistan (CJP) Umar Ata Bandial, the bench was reduced to five judges.
The day before the verdict was reserved, at least nine accused who were facing trials under the Army Act had submitted applications to the apex court, urging an expedited conclusion of their cases by the military courts. In their separate applications, these suspects expressed their confidence in the military authorities to ensure justice for them and other accused individuals.
After the outbreak of violence on May 9, which targeted both civilian and military installations, a total of 102 individuals were taken into custody due to their involvement in attacks on military establishments. These attacks included incidents at the General Headquarters in Rawalpindi, the corps commander’s residence in Lahore, PAF Base Mianwali, and an ISI office in Faisalabad.
At the start of the hearing on that day, Attorney General for Pakistan (AGP) Mansoor Usman Awan addressed the court, indicating his intent to present arguments on why a constitutional amendment was not necessary in this particular case.
included both nationals and foreigners. He said that those tried in 2015 also included those who facilitated terrorists.
Justice Ayesha also asked the AGP how he would connect his arguments with Article 8(3) of the Constitution. “According to the law, a link to the armed forces in necessary [for trial in military courts],” she said.
Justice Ahsan remarked that the Constitution protected the fundamental rights of citizens.
