Civilian trials can now take place in military courts, as per the judgment by the Supreme Court.
Rewritten Article:
In a surprising turn of events, the Supreme Court of Pakistan's Constitutional Bench gave the green light for civilians implicated in the tumultuous May 9, 2023 riots to face trial in military courts. This decision was announced on Wednesday, as reported by Aaj New.
Post the Attorney General for Pakistan's arguments, the bench decided to pass a short order within this week. The Constitutional Bench, helmed by Justice Aminuddin Khan and comprising six other honorable justices, has been deliberating this case since November 2024.
Last year in December, the constitutional bench of the SC conditionally permitted military courts to announce the verdict of the remaining 85 persons, still in army custody for their alleged involvement in the May 9 riots. Subsequently, military courts imposed prison sentences ranging from 2 to 10 years on these civilian offenders for their involvement in the violent attacks. Interestingly, 19 of these civilians were granted amnesty.
Several key figures, including former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and members of civil society, lodged petitions with the apex court questioning the constitutionality of trials for civilians arrested in connection with the May 9 and 10 protests under the Army Act and Official Secrets Act.
The unrest began on May 9, when Imran Khan was apprehended from the Islamabad High Court premises. Enraged PTI supporters swarmed the streets, causing damage to numerous military and state installations, like the Corps Commander's residence in Lahore and the gates of the military's General Headquarters in Rawalpindi.
This ruling, affirmed by a 5-2 decision, reverses the October 2023 decision that once proclaimed such trials unconstitutional[1][2][3]. Key aspects of the ruling are:
- Legality of Military Trials: The court reinstated provisions of the Army Act previously nullified for civilian trials.
- Conditional Judgments: The military court rulings depend on the ongoing cases before the Supreme Court.
- Future Legislation: The court mandates legislation within 45 days to safeguard civilians' right to appeal.
- Public reactions: Lawyers and the PTI have raised concerns over thepartiality of these trials[1].
- In a reversal of an earlier decision, the Supreme Court of Pakistan, under the leadership of Justice Aminuddin Khan, has allowed civilians implicated in the May 9, 2023 riots to face trial in military courts.
- Amidst ongoing political news and general-news coverage, this decision, affirming a 5-2 judgement, overturns an October 2023 ruling that deemed such trials unconstitutional.
- The court's ruling reinstates provisions of the Army Act for military trials, implying that civilians accused of crimes during the May 9 and 10 protests can now be tried under the Army Act and Official Secrets Act.
- In the midst of this outcome, various key figures, such as Imran Khan, Jawwad S Khawaja, and Chaudhry Aitzaz Ahsan, have voiced concerns over the partiality of these military trials, adding another layer to the ongoing debate in the realm of crime and justice.
