Islamabad (Web Desk): The Supreme Court (SC) on Thursday conditionally allowed military courts to pronounce reserved verdicts in cases pertaining to civilians held for their alleged involvement in the May 9 mayhem.
The top court directed that judgements be announced in cases in which the nominated suspects could be released before Eid.
A six-member bench headed by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan heard a set of intra-court appeals (ICAs) against its ruling nullifying the military trials of civilians involved.
During the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court that there were around 20 individuals who could be released before Eidul Fitr and a concessionary reduction of sentence can be applied to those with lesser sentences and those who can be acquitted.
He added that those serving a one-year sentence can also be released early.
The AGP said a total of 105 individuals were in the army's custody and three phases would need to be completed before their release.
Awan said the first phase would require a reserved decision, the second would entail its validation and the final phase would include the army chief signing off on their release or reduction of sentence.
Later, the AGP sought permission for military courts to pronounce reserved verdicts.
Justice Aminuddin Khan remarked that even if permission is granted to announce the verdicts, it would be subject to the final decision on the appeals.
Meanwhile, the court also accepted the Khyber Pakhtunkhawa’s (KP) government’s plea to withdraw its appeal against the Oct 23 ruling.
Later, the court adjourned the hearing till the fourth week of April.
On December 13 2023, the SC suspended its October 23 unanimous ruling, wherein it had nullified military trial of civilians involved in May 9 riots as null and void.
The verdict, announced on a set of intra-court appeals (ICAs) challenging its previous order, was made with a majority of 5-1.
The military court trials will be conditioned on the Supreme Court's final verdict on the intra-court appeals, the court order stated.
Subsequently, the court issued notices to the respondents and adjourned the hearing until the third week of January.
On October 23, 2023, a five-member special bench of the top court headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik had declared the trial of civilians in military courts as null and void.
The court in its short order, by a majority of 4 to 1, had held that the trial of civilians under Section 2 D (i) (ii) of the Army Act was unconstitutional.
The five-member bench had unanimously declared that civilians would be tried under ordinary criminal laws.
Following the verdict, the federal and provincial governments of Balochistan, Punjab and Khyber Pakhtunkhawa had filed intra-court appeals challenging the ruling.
However, the Sindh govt had denied filing a purported plea on the same matter, which was not included among the petitions taken up today.
Meanwhile, the defence ministry had also moved an ICA before the SC against its judgment, requesting the apex court to suspend the verdict’s operation during the pendency of the appeal.
It is pertinent to mention that on May 9, alleged workers and supporters of the Pakistan Tehreek-e-Insaf (PTI) vandalized and set fire to state and army properties and memorials in the wake of the party chief's arrest by paramilitary troops from the premises of the Islamabad High Court (IHC).
Following the incidents of violence, the National Assembly had passed a resolution demanding that the rioters be tried under the Army Act.
A number of petitions were filed before the SC challenging the government’s decision to put May 9 suspects through military trials.
The petitioners included, Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, civil society members, senior politician Chaudhry Aitzaz Ahsan and former CJP Jawad S Khawaja.
