ISLAMABAD: The Supreme Court on Wednesday by a 5-1 majority suspended its October 23 decision wherein it declared civilians’ trials in military courts null and void in connection with the May 9 riots.
Justice Musarrat Hilali differed with the majority decision. The court, however, barred the military courts from issuing final verdicts in the cases until it disposes of the intra-court appeals. The fresh SC verdict came on intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court’s verdict announced by Justice Ijazul Ahsan-led bench in October this year.
A six-judge bench of the Supreme Court, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan heard a set of intra-court appeals.
On October 23, a five-member top court bench headed by Justice Ijazul Ahsan unanimously admitted the pleas and nullified the government’s decision to try civilians in military courts in connection with the May 9 riots which erupted after the arrest of former Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan.
Four judges out of the five declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”.
“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.
Following its verdict, the federal and the provincial governments along with the defence ministry filed intra-court appeals. However, the caretaker government of Sindh refused to file any plea against the SC order.
During today’s hearing, a counsel for the defence ministry, Khawaja Haris requested the top court to stay the military verdict until the final decision on the intra-court pleas.
At the outset of the hearing, Justice Masood refused to recuse himself from the bench after objections were raised on his inclusion. On Monday, former chief justice of Pakistan Jawwad S Khawaja had moved the top court against the inclusion of Justice Masood in the bench slated to hear the intra-court appeals against the top court’s October 23 verdict.
