Islamabad (Web Desk): The Constitutional Bench of the Supreme Court (SC) allowed military courts to proceed with issuing verdicts in cases involving 85 civilians accused of participating in the May 9, 2023, riots. However, the court made it clear that the finality of these verdicts would depend on its eventual decision regarding ongoing appeals.
The court emphasized that those civilians who qualify for clemency should be granted it and released, while others not eligible should be transferred to regular prisons following sentencing.
The seven-member bench headed by Justice Aminuddin and comprising Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali and Justice Shahid Bilal Hassan, is currently reviewing appeals related to these military trials.
The court has deferred further deliberation on the matter until after the winter break and indicated it would also take up a challenge to the 26th Constitutional Amendment in January.
Justice Khan noted that the decision regarding military trials for civilians would likely be resolved in January as well, pending additional arguments from the Ministry of Defence's lawyer, Khawaja Haris, who requested more time to complete his case.
Earlier, during the hearings, some of the judges questioned the appropriateness of military courts handling civilian cases.
Justice Mandokhail, in particular, raised concerns about the credibility of civilian courts in light of these military trials.
There has also been significant debate over whether civilians should be tried under the military's legal system at all, especially when their actions might involve political dissent or unrest.
This issue traces back to a ruling in October 2023, where the SC had initially declared the military trials of civilians unconstitutional, but the same court later suspended that decision in December.
The case has become a flashpoint for political tensions, particularly between the government and opposition parties, including the Pakistan Tehreek-e-Insaf (PTI), which has strongly criticized the military courts.
The controversy over the trials stems from the violent protests that erupted following the arrest of PTI founder and former premier Imran Khan, with more than 100 civilians facing charges related to attacks on military installations.