Islamabad, December 13, 2024: The Supreme Court of Pakistan on Friday conditionally allowed military courts to announce verdicts in cases against 85 suspects. The decision by the constitutional bench clarified that these verdicts would remain subject to the Supreme Court’s final ruling on the pending cases.
The seven-member bench, headed by Justice Aminuddin Khan, included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan. During the hearing, Justice Aminuddin emphasized the court’s intention to resolve the matter of military courts expeditiously.
In its short order, the court adjourned the case until after the winter recess and indicated that it would begin hearings on the 26th Constitutional Amendment in the second week of January. Justice Aminuddin stated, “We hope to dispose of the matter of civilians’ trials in military courts by January.”
Justice Musarrat Hilali noted that the discussion primarily revolved around the distinction between civilians and non-civilians, rather than fundamental human rights. Meanwhile, Justice Mandokhail questioned Defence Ministry lawyer Khawaja Haris about his confidence in civilian courts, emphasizing the gravity of the issue. Haris responded that he would require additional time to conclude his arguments.
Justice Mandokhail also raised concerns about the legitimacy of trying civilians under military law, echoing his remarks during Thursday’s session. On October 23 last year, the Supreme Court’s five-member bench unanimously nullified the trials of civilians in military courts after admitting petitions challenging these proceedings. However, on December 13, 2023, a six-member bench, with Justice Hilali dissenting, suspended the October 23 order.
The Pakistan Tehreek-e-Insaf (PTI) condemned the court’s 5-1 decision to suspend the earlier ruling, calling it a “judicial coup.”
The cases pertain to over 100 civilians accused of vandalizing military installations on May 9, 2023, following PTI founder Imran Khan’s arrest in a graft case.
