SC conditionally allows military courts to pronounce verdict of 85 civilians

ISLAMABAD: The Supreme Court of Pakistan (SCP) on Friday allowed the military courts conditional permission to pronounce verdicts in the cases against 85 civilians alleged involved in the May 9, cases.

The Constitutional Bench of the Supreme Court, headed by Justice Aminuddin Khan, heard the intra-court appeals against the decision of the military courts. The bench also included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Musarrat Hilali and Justice Shahid Bilal Hassan.

Announcing a short verdict on permission for the military courts to announce verdicts in the cases. Khawaja Haris, counsel for the Ministry of Defence, gave arguments.

At the beginning of the hearing, Jamal Khan Mandokhail remarked that the invalid provisions of the Army Act are in accordance with the Constitution. “Can the Army Act be amended to bring everyone under its category and asso take into account the fact that the Army Act predates the 1973 Constitution.

Justice Muhammad Ali Mazhar asked, “First tell us what are the reasons for canceling the provisions in the court decision”.  Khawaja Haris replied that there are flaws in the Supreme Court’s decision.

Justice Musarrat Hilali, a member of the constitutional bench, asked what will happen to the trial under the provisions which have been declared null and void.

At the end of the hearing, the Constitutional Bench issued an order for today’s hearing in the case and allowed the military courts to pronounce the verdicts of 85 accused.

The Constitutional Bench said that the decisions of the military courts will be subject to the verdict of the case pending in the Supreme Court. The accused who can get a relief in the sentences should be released, and the accused who cannot be released should be sent to prisons.

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The court adjourned the hearing of the military courts case till after the winter vacation.