This ruling, delivered with a 4-1 majority after thorough arguments, emphasized that conducting trials of civilians in military courts was deemed unconstitutional, particularly citing the unconstitutionality of Section 2 (D) (I).
ISLAMABAD: (UrduPoint/Pakistan Point News-Oct 23rd, 2023) The Supreme Court of Pakistan on Monday declared the trial of civilians in military courts as null and void.
This ruling, delivered with a 4-1 majority after thorough arguments, emphasized that conducting trials of civilians in military courts was deemed unconstitutional, particularly citing the unconstitutionality of Section 2 (D) (I).
Earlier today, the top court reserved the judgment on the petitions challenging the trial of civilians in military courts.
A five-member bench, headed by Justice Ijazul Ahsan, began hearing the case at 11:30 am, following notices issued to the concerned parties.
Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice
Ayesha A. Malik are also part of the bench.
The Supreme Court had previously heard the same case on August 3. On July 21, the former Chief Justice of the Supreme Court Umar Ata Bandial issued directions that the initiation of civilian trials in military courts should not occur without informing the apex court.
Responsible persons would be summoned in case of any violation of this order.
It's worth noting that 13 petitions had been filed against military courts, with petitioners including former CJP Jawwad S. Khawaja, senior counsel Aitzaz Ahsan, Karamat Ali, Zaman Khan Vardag, Junaid Razzaq, the Supreme Court Bar Association, the PTI chief, Hafeezullah Khan Niazi, retired Lt Col Inamul Rahim, and Naeemullah Qureshi. Additionally, there are new applications requesting the court to urge the military authorities to expedite the trial of the applicants under the Army Act.
The applicants include Ijazul Haq, Muhammad Rashid, Abdul Sattar, Rashid Ali, Muhammad Abdullah, Umer Muhammad, Hassan Shakir, and Faisal Irshad.
Law enforcement agencies took 102 individuals into custody following the violence on May 9 for attacking both civilian and military installations, including the General Headquarters in Rawalpindi, corps commander's residence in Lahore, PAF Base Mianwali, and an ISI office in Faisalabad. These suspects have requested the Supreme Court to include them as necessary parties in the case, asserting that they were involved in the May 9 incidents and were currently with the military authorities for investigation and trial. They stated that they were never subjected to torture during the investigations and urged the court to try them under the provisions of the Pakistan Army Act 1952 and the rules made thereunder for a speedy dispensation of justice.
The accused individuals argued that they moved their applications before the commanding officer of their own free will, without any pressure or coercion, and that they were aggrieved parties with valuable rights at stake in the pending cases. They emphasized the need to be considered necessary and proper parties in the case for redressal of their grievances and requested the authorities to proceed with their trial expeditiously to ensure justice.
Previously, the Federal government had informed the Supreme Court that conducting and concluding the trials of these accused persons was imperative to safeguard their interests.
