Supreme Court rejects government’s plea to allow military courts to announce verdicts
The Supreme Court (SC) of Pakistan on Monday dismissed the government’s petition seeking permission for military courts to announce verdicts in cases involving civilians. A seven-member constitutional bench, led by Justice Amin-Ud-Din Khan, declared that allowing such permissions would effectively validate the authority of military courts. Justice Musarrat Hilali remarked, “Giving permission [to announce verdicts] would mean recognizing the authority of military courts.”
The bench included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Shahid Bilal Hassan. Justice Ayesha A Malik did not participate, as the Constitutional Committee noted her involvement in earlier related judgments.
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The court also dismissed a petition by former Chief Justice Jawwad S Khawaja, which sought to delay hearings on civilian trials in military courts until the 26th Constitutional Amendment issue was resolved. The court imposed a fine of Rs20,000 on the former chief justice for what it described as delaying tactics.
During the proceedings, Justice Mandokhail questioned the legitimacy of the petition, stating, “You are employing delaying tactics. At every hearing, some new request emerges.” Justice Mazhar added that even individuals detained under military courts desired a resolution to the matter.
The bench questioned Khawaja’s counsel about the recognition of the constitutional bench. When the counsel replied that he did not accept the jurisdiction, Justice Mandokhail asked him to leave the courtroom. Meanwhile, Hafeezullah Niazi, another petitioner, faced criticism for delaying proceedings, with Justice Hilali emphasizing the plight of those still in detention.
The SC clarified its position under the 26th Constitutional Amendment, which currently governs the formation of benches and proceedings. Justice Mandokhail explained, “All benches are being formed under the new amendment, and even the case concerning the amendment will be heard by a bench constituted under it.”
Justice Rizvi inquired about the trial of individuals involved in the Army Public School attack, to which the Defence Ministry’s counsel, Khawaja Haris, explained that the trials were conducted under the 21st Constitutional Amendment. Justice Mandokhail noted that at the time, a constitutional amendment had been made to permit military courts to try civilians.
The government’s additional attorney general argued that the trials in military courts had been completed and sought permission to announce the verdicts. However, Justice Hilali firmly denied the request, stating that such permission would resolve the question of jurisdiction prematurely, which is still under constitutional review.
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