SC constitutional bench refuses to halt appeals against military court trials

Supreme Court (SC) has rejected a plea by former CJP Justice (retired) Jawad S. Khawaja to halt appeals against trials of civilians in military courts.

On Oct 23, 2023 ruling, the Supreme Court (SC) declared that trying civilians in military courts for their alleged role in attacks on army installations during the riots that followed PTI founder Imran Khan’s arrest were ultra vires the Constitution.

As per details, Supreme Court’s constitutional bench, led by Justice Amin-ud-Din Khan, has rejected a petition filed by former Chief Justice Jawad S. Khawaja to halt hearings on intra-court appeals against military court decisions.

The plea sought a stay on hearings until verdicts on challenges to the 26th Amendment were announced.

At the outset of the hearing, when questioned if the petitioner acknowledged the constitutional bench, Jawad S. Khawaja’s lawyer expressed non-recognition of the court’s jurisdiction, prompting Justice Mandokhail to instruct him to leave the courtroom.

Justice Muhammad Ali Mazhar criticized the petition for causing delays, remarking that such requests often appear on hearing dates. He questioned whether those detained under military court verdicts also favored such delays.

Justice Musarrat Hilali urged consideration for those incarcerated, stating their interests should not be overlooked.

Read more: Interior Ministry challenges SC verdict on military trials of civilians

The bench reiterated its commitment to hearing appeals and emphasized that ongoing petitions against the 26th Amendment do not impede judicial proceedings.

The SC also imposed a fine of Rs20,000 on the applicant for filing unnecessary pleas.

In December last year, a larger bench led by Justice Sardar Tariq Masood had suspended the SC judgement and allowed the trial of civilians in military courts without announcement of judgement.

After a couple of months of hearing, Justice Sardar Tariq recused himself after objections were raised against Justice Masood.

Subsequently, a larger bench led by Justice Aminuddin Khan was formed to hear the matter. The same bench also conditionally allowed the trial of civilians in military courts.

More than a dozen individuals were released after completing their sentence. The bench again referred the matter to the SC committee for the constitution of a new larger bench.