The court clarified that the verdicts would be conditional on the outcome of a pending case in the Supreme Court.
SC allows Military Courts to announce verdicts for 85 defendants. The Supreme Court of Pakistan has granted military courts the authority to announce verdicts for 85 defendants in a case involving civilians being tried by military courts. The decision was made by the constitutional bench, which heard the case regarding the trial of civilians by military tribunals.
The court clarified that the verdicts would be conditional on the outcome of a pending case in the Supreme Court. It stated that any defendants who could benefit from reduced sentences should be granted relief and released accordingly.
The constitutional bench, led by Justice Aminuddin Khan, conducted a hearing regarding the trial of civilians by military courts. Justice Khan emphasized that today’s proceedings would focus solely on the military courts case.
During the hearing, Defence Ministry’s lawyer, Khawaja Haris, presented arguments. Justice Jamal Mandokhel questioned Haris about the constitutionality of the provisions of the Army Act that had been declared invalid, asking whether amendments to the Army Act could be made to bring individuals under its jurisdiction. He also pointed out that the Army Act of 1973 predates the Constitution.
Justice Muhammad Ali Mazhar asked for the reasons behind declaring certain provisions of the Army Act invalid. Khawaja Haris argued that the Supreme Court’s judgment had flaws. Justice Mandokhel, however, cautioned against dismissing the court’s decision as “flawed,” emphasizing the importance of the judicial process.
Further, Justice Mazhar reminded the defense lawyer of the importance of providing details about the events of May 9, especially regarding the core commander house incident, which was a central focus of the case.
The Additional Attorney General informed the court that all relevant details had been received that morning and would be submitted as a separate request.
Justice Musarat Hilali raised concerns about what would happen to the trials under provisions that had been annulled. The Defence Ministry’s lawyer responded that verdicts made before the annulment of these provisions are typically protected. However, Justice Hilali warned that this could lead to discrimination against the affected defendants.
Justice Mandokhel also pointed out that individuals who join the military are fully aware that they will be subject to the Army Act, which limits their basic rights. In response, Khawaja Haris stated that no one joins the military with the intention of committing crimes and that basic rights are only suspended in the case of criminal behavior.
After hearing the arguments, the constitutional bench allowed military courts to proceed with the verdicts for 85 defendants but adjourned further proceedings until after the winter recess.
