SC’s constitutional bench fixes military courts case on Jan 7

ISLAMABAD: The Supreme Court’s constitutional bench scheduled the military courts case on January 7, ARY News reported on Thursday.

The Supreme Court released the cause list of cases which will be heard by the constitutional bench from January 7 to 10th.

The constitutional bench will hear the petitions challenging the verdict of the military courts case on January 7 (Tuesday).

A seven-member bench headed by Justice Aminuddin will resume the hearing of the appeals against the annulment of trials of civilians in military courts.

The petitions regarding missing persons and student union restoration are also included in the cause list.

SC verdict

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

Headed by Justice Ijazul Ahsan, the bench ruled that 103 identified persons, as well as others who were or might be similarly placed on the list in relation to the events arising from and out of May 9 and 10, be tried by criminal courts of competent jurisdiction under the ordinary and/or special law of the land.

The petitions, questioning the legitimacy of trying civilians in military courts, were filed by former chief justice Jawwad S Khawaja, senior lawyer Barrister Aitezaz Ahsan and others.

Military trials

In the month of May, the government decided to try the suspects accused of attacking military installations on May 9 under army laws.

Violent clashes broke out across Pakistan after the former prime minister was arrested from the premises of the Islamabad High Court (IHC) on May 9.

Army installations, the Corps Commander’s house in Lahore and General Headquarters (GHQ) in Rawalpindi came under attack during a protest by PTI workers.

Pleas

Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military instalments — a move both the government and the army considered a low blow.

In light of this decision, PTI founder Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.