Supreme Court grants ‘conditional nod’ for military courts to announce verdicts for 85 civilians
The Supreme Court’s constitutional bench has granted military courts conditional permission to announce verdicts for 85 civilians accused of involvement in the May 9, 2023, riots, which included attacks on military installations. The bench clarified that these verdicts would be subject to the Supreme Court’s final ruling on the pending appeals regarding military trials of civilians.
In its directive, the bench stated that suspects eligible for clemency should be released, while those ineligible for release would be sentenced and transferred to prisons after the military courts’ decisions. The bench emphasized that its decision to allow verdicts was conditional on the resolution of the broader constitutional questions.
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The seven-member bench, led by Justice Aminuddin Khan, also included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali, and Justice Shahid Bilal Hassan.
The Supreme Court’s involvement stems from a series of legal challenges to the trial of civilians in military courts following the May 9 riots. In an October 23, 2023, unanimous ruling, a five-member bench declared such trials unconstitutional. However, a six-member bench later suspended this verdict on December 13, 2023, with Justice Hilali dissenting.
The riots occurred after the arrest of PTI founder Imran Khan in a graft case, during which over 100 civilians allegedly ransacked military installations. PTI criticized the court’s suspension of its earlier ruling, calling it a “judicial coup.”
Justice Mandokhail highlighted the need to examine whether the annulled provisions of the Army Act align with the Constitution. Justice Mazhar questioned the reasoning behind the previous annulment of Army Act provisions and requested more details about the May 9 incidents, which had primarily focused on the attack on the Corps Commander House.
Concerns were also raised about the discriminatory impact of trials conducted under the annulled provisions of the Army Act. Justice Hilali questioned the validity of such trials, while Justice Mandokhail argued that the Army Act was intended to govern military discipline and was not meant to curtail fundamental rights arbitrarily.
The defence ministry’s lawyer, Khawaja Haris, countered that the Supreme Court had not adequately considered the Army Act’s scope in its earlier verdicts and defended its applicability.
At the conclusion of the hearing, the constitutional bench directed that the trials of the 85 civilians proceed under the stipulated conditions. The cases will remain under review, and the court is expected to address the larger constitutional issues after the winter break.
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