SC accepts pleas against declaring military trials of civilians null, void
Seven-member bench pronounces verdict by five judges to two: Justice Naeem Akhtar Afghan, Justice Jamal Mandokhel differ with majority verdict: Apex court restores Army Act sections it declared null, void in its Oct 23 ruling
Pronouncing a reserved verdict, the constitutional bench of the Supreme Court (SC) on Wednesday accepted the intra-court appeals filed against declaring the trial of civilians in military courts null and void by five judges to two, reported 24NewsHD TV channel.
A seven-member bench, headed by Justice Aminuddin Khan, had reserved the verdict on Monday.
Justice Aminuddin Khan read out the short verdict.
Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan differed with the majority view given by Justice Aminuddin, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Halali and Justice Shahid Bilal Hassan.
The SC thus overturned its earlier judgment of October 23, 2023, validated the military trial of civilians presently serving prison terms in connection with the May 9 violence and restored the Army Act’s sections, including 2(1)(d)(i), 2(1)(d)(ii), and 59(4), which had been declared null and void in its October 23 verdict.
In its decision, the apex court said that under Article 5 (8), the sections of the Army Act could not be declared null and void.
It directed the government to enact legislation on the subject of giving convicts in the May 9 case the right to appeal.
It ordered that amendments be introduced to give persons declared guilty by military courts the right to appeal their convictions in the high courts.
The court said that a detailed decision would be issued later.
Following incidents of violence on May 9, 2023, it was decided to conduct military trials of those involved in these incidents.
In June, 2023, constitutional petitions were filed in the SC against the trials of civilians.
And on October 23, 2023, a five-member larger bench of the apex court unanimously declared the military trial of civilians null and void, prompting the Ministry of Defence and others to file appeals on November 23, 2023.
On December 13, 2023, a larger bench, headed by Justice Sardar Tariq Masood, suspended the original decision.
Reporter: Amanat Gishkori