ISLAMABAD: The Supreme Court on Wednesday suspended its October 23 order by a 5-1 majority wherein it declared civilians’ trials in military courts null and void in connection with the May 9 riots.
The court allowed the trial of civilians in the military courts but with the condition that army courts will not announce final decision till the completion of the hearing of the case.
Earlier, the Supreme Court reserved its verdict on a petition seeking suspension of its earlier ruling that paused civilian trials in military courts.
The Supreme Court resumed hearings on intra-court appeals challenging its verdict against trying civilians in military courts. Head of the bench, Justice Sardar Tariq Masood, declined to step down despite objections from one of the applicants.
The six-member larger bench, presided over by Justice Masood, includes Justices Aminuddin, Hassan Azhar Rizvi, Muhammad Ali Mazhar, Musarrat Hilali, and Irfan Saadat.
The appeals were filed by the federal and provincial governments, along with the Defence Ministry. The federal government sought a stay on the court verdict and appealed to declare the decision null and void.
Notably, a five-member Supreme Court bench issued a ruling, stating that civilians who participated in the May 9 protests cannot face military court trials, and they declared such trials of civilians unconstitutional. The court announced this decision on October 23, 2023.
Justice Ijaz ul Ahsan, who headed the bench, announced the verdict. The bench also invalidated Section 2, stating it was unconstitutional.
The ruling specified that the 102 civilians facing military trials for their involvement in the May 9 incident could only be prosecuted in civilian courts.
Additionally, the bench rejected a request from nine detained civilians who had expressed confidence in the ability of military courts to deliver justice, citing the absence of attached affidavits with the application.
The decision was made following Attorney General Mansoor Awan’s completion of arguments in the case.
