Verdict allows military trial of civilians held in connection with May 9 riots; Justice Hilali differs with majority decision.
SC suspends military court verdict by 5-1 majority. In a pivotal decision that aims to bring stability and legal clarity to the aftermath of the May 9 riots, the Supreme Court of Pakistan, in a 5-1 majority ruling, has temporarily suspended its earlier order nullifying civilians’ trials in military courts. The verdict was initially announced on October 23, when Justice Ijazul Ahsan-led bench declared the trials null and void.
The suspension comes in response to intra-court appeals filed by the federal and provincial governments, along with the defense ministry, challenging the October decision. A six-member bench, headed by Justice Sardar Tariq Masood, heard the appeals and, with a majority vote, decided to stay the previous order until the final verdict on the appeals is announced.
Justice Musarrat Hilali, while differing with the majority, emphasized that the trials of civilians in military courts would be conditioned upon the Supreme Court’s final decision on the intra-court appeals. This nuanced approach reflects a commitment to a fair and thorough examination of the legal intricacies surrounding the May 9 riots.
The initial October 23 verdict, which nullified the government’s decision to try civilians in military courts, was prompted by a series of events following the arrest of Pakistan Tehreek-e-Insaf (PTI)-then chairman Imran Khan. Four out of five judges declared certain sections of the Army Act as unconstitutional, emphasizing the importance of trials in civilian criminal courts.
In response to the Supreme Court’s October decision, the federal and provincial governments, along with the defense ministry, filed intra-court appeals seeking a review of the ruling. The caretaker government of Sindh, however, chose not to file any plea against the Supreme Court order.
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During the recent hearing, Khawaja Haris, counsel for the defense ministry, requested the top court to stay the military court verdict until the final decision on the intra-court appeals. The court, in its wisdom, decided to temporarily suspend the previous order, ensuring that the trials of civilians in military courts remain contingent on the final verdict.
This measured and careful approach by the Supreme Court underscores its commitment to upholding the rule of law and ensuring a just resolution to the legal complexities arising from the May 9 riots. As the legal proceedings continue, this decision provides a foundation for a thorough examination of the issues at hand and reaffirms the judiciary’s dedication to fairness and justice.
