SC annuls military trial of civilians

The Supreme Court of Pakistan on Monday declared the trial of civilians in military courts ‘unconstitutional’.

The Supreme Court rejected the petitions of accused in the custody of Pakistan Army, for being against the law.

The SC repealed sub-clause A of Section 59 of the Army Act.

The pronounced verdict stated that all the accused of May 9 will be tried in civil courts.

The Supreme Court had reserved its judgment in the case concerning the trial of civilians in military courts.

A five-member bench, led by Justice Ijazul Ahsan and including Justices Muneeb Akhtar, Yahya Afridi, Ayesha Malik, and Mazahar Ali Akbar Naqvi, took up the case. Nine petitions against the trial have been withdrawn.

The Attorney General for Pakistan, Mansoor Usman Awaz, as well as the petitioners’ lawyers Latif Khosa and Salman Akram Raja, were present in court.

Ahmed Hussain, representing former Chief Justice of Pakistan Jawad S Khawaja, was also present.

The Attorney General stated that he would explain why a constitutional amendment was not necessary in this case and discuss Article 175.

Added, in the case of individuals accused of involvement in the May 9 violence, their trial in military courts will resemble that of civil courts, with recorded testimonies and detailed reasoning in the decisions.

The AGP also suggested that attacks on unauthorized areas and buildings could also be tried in military courts.

Justice Ahsan inquired whether a constitutional amendment was required for the trials of terrorists as opposed to ordinary citizens.

The AGP responded that if a suspect has direct links with the armed forces, a constitutional amendment is not necessary.

Justice Malik pointed out that the Army Act deals with discipline within the armed forces.

Justice Ahsan clarified that the law primarily pertains to the internal workings of the army and asked how the lawyer would establish a link between this law and civilians.

The AGP explained that the Army Act addresses officers performing their duties, and it only relates to the armed forces concerning discipline.

Justice Ayesha Malik questioned the implications of accepting this interpretation and how it might impact fundamental rights.

The AGP clarified that the law also applies to individuals temporarily working with the armed forces.

He further noted that the law would be applied if it is proven that a suspect is connected to the armed forces in any criminal activity.

In response to the court’s earlier order, the federal government informed the Supreme Court that the trial of civilians allegedly involved in the May 9 incidents has commenced in military courts.

The government emphasized the importance of this trial to protect the rights of the suspects. A total of 102 people have been detained for their alleged roles in attacks on military installations on May 9 and 10, with the suspects arrested under the Pakistan Army Act 1952.