SC moved for early hearing of matter regarding trial of civilians in military courts

ISLAMABAD: The Supreme Court (SC) was requested to fix for early hearing the matter regarding trial of civilians in military courts.

Barrister Aitzaz Ahsen, through his counsel Latif Khosa, filed an application before the apex court praying for fixing the Intra-Court Appeals (ICAs) filed against its judgment that had declared the trial of civilians in military courts as unconstitutional.

It was contended that the matter is of great importance, hence it should be fixed for hearing in the week commencing from March 18, 2024.

It is pertinent to mention here that on December 14, 2023 a six-member bench of the apex court headed by Justice Sardar Tariq Masood by a majority 5-1 had suspended the order of its five-member bench that had stayed the trails of civilians in military courts.

The bench had heard the Intra-Court Appeals (ICAs) filed against the judgment of five-member bench delivered on October 23, 2023.

The bench had declared that the military courts might continue the trails of civilians, but the final judgment would be subject to the outcome of this court.

Justice Ms Musarat Hilali had disagreed with the majority decision.

On October 23, 2023, a five-member bench of the apex court headed by Justice Ijazul Ahsen had declared that the military trials of the civilians for the alleged role in attacks on army installations during the riots on May 9, unconstitutional, illegal and of no legal effect.

The bench by a majority 4-1 had declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub-clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect.

The bench had also emphasised that the cases of the suspects involved in the vandalism would proceed before criminal courts.

It was further declared that any action or proceedings under the Army Act in respect of the persons, identified in the list provided to the court by the learned Attorney General for Pakistan, or any other persons so similarly placed (including but not limited Constitution Petition Nos 24, 25, 26, 27 and 28 and 30 and 35 of 2023 to trial by Court Martial) are and would be of no legal effect.

The caretaker federal government, Defence Ministry, Ministry of Interior, and the interim governments of the Punjab, Khyber-Pakhtunkhwa and Balochistan had filed the ICA against the five-member bench order of October 23, 2023.