Constitutional bench adjourns hearing of case till after winter vacations
ISLAMABAD: A military court has been given conditional permission for a constitutional hearing of the Supreme Court on May 9, 2023 to try the case of 85 suspects allegedly involved in violent incidents.
The constitutional court, which hears appeals challenging the civilian trial at the military court, said the military court’s decision will be conditional on the pending DK trial.
“Suspects eligible for amnesty must be granted and released, and those who cannot be sentenced to prison must be sent to prison,” the Constitutional Court said.
A bench headed by Justice Aminuddin Khan heard the appeal challenging the order of the military court. Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali and Justice Shaheed Bilal Hasan were on the bench.
In a unanimous decision by a bench of five judges, the Supreme Court on October 23 last year declared the civil trial in the military court null and void after receiving pleas challenging the civil trial involved in the May 9 riots.
However, on December 13, 2023, six judges of the Supreme Court, Justice Hilali, dissenting from the majority, upheld the decision on the petition challenging the previous decision on October 23.
PTI termed the Supreme Court’s decision to reject the civilian military trial as a “judicial coup”.
More than 100 civilians facing military trials are those suspected of storming military installations across the country following the May 9 arrest of PTI founder Imran Khan in a robbery case.
court hearing
Justice Mandokhail said at the outset that the arguments should focus on the constitutionality of the repealed provisions of the Army Act. Asked whether the amendment to the Army Act could keep everyone under surveillance, he said the Act was passed before the 1973 constitution.
Justice Mazhar asked for reasons to nullify the provisions of the court order.
Defense Minister Khawaja Haris’ lawyer responded by pointing out flaws in the Supreme Court’s earlier decision.
Adalat Mazhar said that the details of the May 9 incident are being sought, but so far this case is only related to the Corps Headquarters. He asked if the problem would be limited to this case.
The Additional Attorney General said that all the details have been taken up by the morning and will be filed as a separate application.
Judge Hilali expressed concern about the process carried out under the repealed rules. He asked what would happen at the May 9 hearing under this rule.
Defense Department advisers say decisions made before the rules are lifted are usually upheld. Justice Hilali said that this approach could prejudice the accused.
Justice Mandokhail said he was aware that people join the armed forces voluntarily and that the Army Act, which restricts certain fundamental rights, is in force.
He added that martial law was designed to regulate military discipline and order. Harris said that no one joins the military with criminal intent and basic rights should be limited only when a crime is committed.
Justice Mandokhail asked whether the Supreme Court would limit itself to the appeal or review other aspects of the case. Justice Aminuddin said that although the parties may be limited by their submissions, the court is not bound by such limitations.
After the trial, the Constitutional Court allowed the military court to announce the verdict of 85 suspects. The party said that this decision may depend on the outcome of the case pending in the Supreme Court.
The bench also ordered that suspects eligible for immunity be granted immunity and acquitted, while those without immunity be punished and sent to jail.
The court-martial hearing was postponed until after the winter break.
