Supreme Court Allows Military Courts to Issue Verdicts for Civilians, Conditional on Ongoing Constitutional Case
The bench adjourned further proceedings until after the winter recess
The Constitutional Bench of the Supreme Court of Pakistan on Friday permitted military courts to announce verdicts for 85 accused civilians, with the condition that these rulings are contingent on the outcome of an ongoing constitutional case.
This decision was made during a hearing led by Justice Aminuddin Khan, which addressed intra-court appeals challenging previous military court decisions regarding the May 9 violence.
Key Points from the Hearing
Judicial Oversight: Justice Aminuddin Khan emphasized that only issues related to military court cases would be discussed during this session. Justice Jamal Khan Mandokhail raised concerns about whether amendments to the Army Act could extend its jurisdiction over all individuals, questioning the legal basis for such broad application.
Historical Context: The bench discussed the Army Act’s historical context, noting it predates Pakistan’s 1973 Constitution. Justice Muhammad Ali Mazhar sought clarity on previous judicial rulings that invalidated certain sections of the Act, highlighting the need for judicial integrity and respect for past decisions.
Arguments Presented: Khawaja Haris, representing the Ministry of Defence, pointed out flaws in earlier rulings but faced admonishment from Justice Mandokhail for undermining judicial authority. The debate included discussions about trials conducted under invalidated sections of the Army Act and whether such trials could be considered discriminatory against other defendants.
Future Proceedings: The Supreme Court ruled that those eligible for leniency should be released while others remain incarcerated. However, the implementation of military court verdicts is dependent on the Supreme Court’s final decision regarding the constitutional challenges at hand. Justice Khan expressed optimism that these matters could be resolved by January, allowing further hearings on significant issues like challenges to the 26th Constitutional Amendment.
The bench adjourned further proceedings until after the winter recess, underscoring the complexity and significance of military jurisdiction over civilians in Pakistan’s legal framework. The outcome of this case may have lasting implications for civil-military relations and judicial authority in the country.
