SC suspends verdict against military trials of civilians by 5-1 majority

A six-member bench in the Supreme Court (SC) suspended on Wednesday the verdict of nullifying military trials of civilians accused in May 9 riots by a 5-1 majority.

The appellants against the verdict included the interim federal government, provincial governments of Punjab, Balochistan, and Khyber Pakhtunkhwa, and the defense ministry.

The six-member bench, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan heard the pleas today.

Only Justice Hilali differed with the judgement of five other judges in the bench.

The case is related to the military trials of the civilians accused in May 9 riots after the arrest of former prime minister Imran khan in which the protesters damaged several military and state installations, including the Corps Commander’s residence (Jinnah House) in Lahore and the gates of the military’s General Headquarters (GHQ) in Rawalpindi.

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Last month, SC declared the military trials of the civilians who were arrested null and void.

Justice Ijazul Ahsan had led the bench that included Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.

Presenting his arguments, then-Attorney General for Pakistan (AGP) Mansoor Usman had said he would explain to the bench why a constitutional amendment was necessary to form military courts in 2015 to try the terrorists.

He was of the view if the accused had a “direct link” to the armed forces, then a constitutional amendment was not required. Awan further had said that the suspects would be tried under Section 2(1)(d)(ii) of the Official Secrets Act.