Supreme Court question grounds behind civilian trials in military court

ISLAMABAD: The Supreme Court judges on Thursday questioned the trial of civilian cases in military courts, stating that the other cases from the same incident are being tried in anti-terrorism courts.

The seven-member constitutional bench, headed by Justice Aminuddin Khan resumed the hearing of the case regarding the trial of civilians in military courts.

During the hearing, Justice Naeem Akhtar Afghan said, “In the May 9 incidents, 103 accused were trialed in military courts, while the remaining cases are being tried in anti-terrorism courts.”

Justice Afghan argued How was this distinction made? that which case will go to military courts and which to anti-terrorism courts.

While the hearing continued, Justice Mussrat Hilali remarked that the case was not about the existence of military courts but rather about their authority.

“Which case will go to military courts and which will not, how is this distinction made,” Justice Mussrat Hilali questioned.

Justice Jamal Mandokhail sought an explanation regarding the principles and procedures followed to determine the jurisdiction of cases.

He remarked, “An accused is acquitted in an Anti-Terrorism Court but sentenced by a military court. Is there any special evidence presented in military courts that isn’t considered in civilian courts?”

At the outset of the hearing, Ministry of Defence counsel Khawaja Haris alleged that Article 233 was interpreted wrongly during the Supreme Court’s decision, which declared the military trials null and void.

The five-member bench alleged the violation of fundamental rights during the civilian trials in military courts.

He emphasized that fundamental rights were suspended under an emergency, as was the case during the tenure of Gen Pervez Musharraf.

Justice Muhammad Ali Mazhar remarked that this case does not involve the suspension of fundamental rights. He pointed out that during Musharraf’s era, rights were suspended due to a lack of the right to appeal.

The top court adjourned the hearing, announcing that the arguments would be continued from tomorrow.

Earlier in October 2023, the apex court declared civilians’ trials in military courts null and void and ordered that 103 suspects be tried in civilian courts.

However, on December 13, 2023, a six-member bench of the apex court suspended its October 23 order on petitions challenging the earlier verdict.

But after a hiatus, the constitutional bench in December last year had conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were still in custody for their alleged involvement in the May 9, 2023, riots.