Supreme court of Pakistan has reserved its judgment on petitions against the previous order which declared the military trial of civilians unconstitutional.
These appeals were filed by the federal and provincial governments as well as other organizations like Shuhada Forum Balochistan against a ruling from October 2023. That ruling made by a five judge bench stated that civilians involved in the May 9, 2023 riots could not be tried in military courts as it went against the Constitution. The riots broke out following the arrest of former Prime Minister Imran Khan and included attacks on military sites.
During the latest hearing, Attorney General Mansoor Usman Awan argued that the events of May 9 were not random but part of a coordinated plan to attack army installations. He said that 49 sites were attacked starting from 3 PM that day. He said that no such attacks on the army had occurred in Pakistan history even during politically sensitive times such as the execution of former PM Zulfiqar Ali Bhutto. The AGP also showed that three senior military officers including a Lieutenant General were forced into early retirement without pension due to negligence during the May 9 events.
However the judges had several concerns. They questioned whether the intent of the protestors was to actually attack or whether things simply got out of hand. Justice Mandokhail reminded the AGP that the role of the court was to assess whether military trials for civilians were constitutional not to debate the events of May 9 in detail. Other judges asked if any criminal cases had been filed against military officers or why the Army Act had not been amended to better handle such situations.
The court was also told that military courts had already sentenced 85 civilians with 25 of them receiving 2 to 10 year jail terms in December 2024. Another 60 were sentenced shortly after. Mercy petitions of 19 convicts were accepted on humanitarian grounds and 48 cases are being processed in appellate courts.
These military trials have drawn criticism not only from within Pakistan but also from the international community. The United States, United Kingdom and European Union all expressed concerns saying such trials contradict international laws.
The upcoming decision of the Supreme Court will be closely watched as it will shape the legal boundaries between military and civilian justice systems in Pakistan moving forward.
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