The Supreme Court (SC) on Monday reserved its verdict on a crucial intra-court appeal challenging its earlier decision that barred the trial of civilians in military courts. A short order is expected later this week.
The seven-member constitutional bench, led by Justice Aminuddin Khan, concluded hearings on a set of 57 intra-court appeals filed by the federal and provincial governments, as well as the Shuhada Forum Balochistan.
The appeals contest the top court’s October 23, 2023, verdict which had declared the military trial of civilians unconstitutional. Last year, the apex court had conditionally permitted military courts to issue verdicts in cases involving 85 suspects linked to the May 9, 2023, riots- pending the outcome of this final ruling.
In his arguments on Monday, Attorney General for Pakistan (AGP) Mansoor Usman Awan argued that the May 9 attacks on military installations-39 in total-were premeditated and coordinated. He emphasized the gravity of the situation, noting Pakistan’s strategic vulnerabilities.
‘Even if these acts were reactions, they cannot be condoned,’ he asserted, highlighting that 23 incidents occurred in Punjab, 8 in Khyber Pakhtunkhwa, and one in Sindh.
He revealed that disciplinary action had been taken against several military officers for failing to prevent the violence. Three senior officers- including a Lieutenant General- were forcibly retired without benefits, while 14 others were barred from future promotions.
Justice Jamal Khan Mandokhail inquired whether criminal proceedings were initiated against any officers. The AGP responded that while no crimes were established, departmental action was taken for negligence.
Justice Mandokhail noted that the Army Act requires criminal penalties to accompany departmental action, prompting debate over whether restraint was penalized rather than negligence.
The unrest erupted after the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on May 9, 2023 from outside the Islamabad High Court.
Violent protests broke out nationwide, targeting key military sites such as Lahore’s Corps Commander House and GHQ in Rawalpindi. As a result, hundreds of PTI workers were detained, with 102 cases shifted from anti-terrorism courts to military courts.
In its unanimous October 2023 judgment, a five-member Supreme Court bench had ruled such trials unconstitutional. However, under the 26th Constitutional Amendment, a new seven-member bench resumed hearings in December 2024 and granted conditional approval for verdicts by military courts.
Following this, military courts sentenced 85 PTI activists to rigorous imprisonment ranging from two to ten years. In January, the military accepted 19 mercy pleas on ‘humanitarian grounds,’ according to the Inter-Services Public Relations (ISPR).
During multiple hearings, members of the current bench indicated that trying civilians in military courts is not inherently unlawful. In January, the bench reiterated that civilians could be tried under the Army Act if they committed listed offences.
Justice Naeem Akhtar Afghan, during a February hearing, noted that such trials are not prohibited under international norms. In March, Justice Jamal Mandokhail remarked that justice must be served irrespective of the forum, and Justice Muhammad Ali Mazhar sought updates on convictions and releases.
Civil society lawyer Faisal Siddiqui stated that of 105 tried, 20 were released. The AGP later updated the court, saying 39 had been released while 66 remained in custody.
The court conducted over 50 hearings of the case. The short verdict of the case is likely to be announced on Friday (May 9). As the nation awaits the Supreme Court’s final verdict, the legal and political implications of this ruling could significantly influence civil-military relations and the future of civilian rights under the military justice system.