The Supreme Court of Pakistan, with a majority decision of 5-1 on Wednesday, overturned its earlier ruling from October 23 regarding the trial of civilians in military courts.
The Supreme Court of Pakistan’s earlier ruling had declared the trials of civilians in military courts null and void, specifically concerning the May 9 riots. The recent verdict came in response to intra-court appeals filed by the federal and provincial governments and the defence ministry, challenging the initial decision by the bench led by Justice Ijazul Ahsan.
A six-member Supreme Court bench conducted the hearing of these appeals. The bench, led by Justice Sardar Tariq Masood, included Justices Aminuddin Khan, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, and Irfan Saadat Khan. Among the judges, Justice Hilali expressed a dissenting opinion from the majority’s decision.
The October 23 ruling by a five-member apex court bench headed by Justice Ahsan had unanimously admitted pleas against the military trial of civilians. It nullified the government’s decision to try civilians in military courts. The bench had deemed specific sections of the Army Act ultra vires to the Constitution. The short order stipulated that around 103 accused persons should be tried by criminal courts of competent jurisdiction.
During the latest hearing, counsel Khawaja Haris, representing the defence ministry, requested a stay on the military verdict until a final decision on the intra-court appeals. At the start of the hearing, Justice Masood faced objections regarding his participation in the bench but refused to recuse himself. This objection was rooted in a recent petition filed by former Chief Justice of Pakistan Jawwad S Khawaja, who argued that Justice Masood had previously expressed views on the matter and should recuse himself.
