The Supreme Court of Pakistan (SCP) has declared the trial of civilians in military courts lawful, overturning a previous decision by a five-member bench that had deemed such trials unconstitutional.. As per details, a seven-member constitutional bench, led by Justice Aminuddin Khan, heard the government’s appeals and upheld the military trials in a 5-2 majority verdict. Justices Jamal Mandokhail and Naeem Akhtar Afghan dissented from the decision. 

The ruling was announced by Justice Aminuddin Khan in Courtroom No. 4, with detailed reasons to be announced later. The Supreme Court stated that the verdict would be immediately uploaded to its website. The Supreme Court on Monday reserved its judgment on appeals challenging the military trials of civilians. On Oct 23, 2023 ruling, the Supreme Court (SC) declared that trying civilians in military courts for their alleged role in attacks on army installations during the riots that followed PTI founder Imran Khan’s arrest were ultra vires the Constitution. 

The verdict was reserved by a six-member SC bench a hearing detailed arguments from the both sides. The bench headed by Justice Aminuddin Khan also include, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan. Justice Aminuddin Khan had stated that a short order will be issued within this week, adding urgency to the high-profile case that has significant constitutional implications. 

The AGP urged the court to provide an observation on granting the right of appeal and cited precedent, including the SC’s ruling in ex-COAS General (retired) Qamar Javed Bajwa’s service extension case, where Parliament was directed to legislate within a specified timeframe. 

Justice Muhammad Ali Mazhar noted that in that instance, Parliament was given six months for legislation, reinforcing the court’s authority to recommend legal reforms. The verdict is expected to address whether military courts have constitutional jurisdiction over civilian suspects, a matter that has sparked widespread legal and public debate. 

Credit: Independent News Pakistan (INP)