ISLAMABAD: The Supreme Court of Pakistan’s constitutional bench on Monday rejected the federal government’s plea to allow military courts to announce verdicts in cases of civilians allegedly involved in May 9, 2023 riots.
The case pertains to the trial of more than 100 civilians for their alleged role in attacks on army installations during the violent protests that followed former prime minister Imran Khan’s arrest in a graft case on May 9, 2023.
On October 23 last year, a five-member SC bench had unanimously declared that trying the accused civilians in military courts violated the constitution, but on Dec. 13, 2023, another top court bench suspended the Oct. 23 ruling as it heard a set of 37 intra-court appeals against it.
In March this year, the top court conditionally allowed military courts to pronounce reserved verdicts in the May 9 cases, modifying its Dec. 13 injunction and ordering military courts to commence trials but barring them from convicting or acquitting any accused until a decision on intra-court appeals.
On Monday, a seven-member constitutional bench, led by Justice Aminuddin Khan, resumed hearing the appeals and rejected the government plea allowing the military courts to verdicts of trials of civilians, observing that giving permission to announce verdicts would mean recognizing the authority of military courts.
“We want to hear the case on a daily basis and announce a decision on it,” Justice Aminuddin remarked during the hearing.
In his remarks, Justice Jamal Khan Mandokhail urged lawyers of all petitioners to cooperate with the bench for an early verdict in the case.
The bench resumed hearing of the case on Tuesday, during which Additional Attorney-General (AAG) for Pakistan Amir Rehman requested the court for an adjournment, citing the unavailability of Ministry of Defense Khawaja Haris due to health issues. The court granted the request.
Several cases against Khan and his party related to the May 9, 2023 violence were registered by the government, which also cracked down on his supporters allegedly involved in the riots. Khan’s party has distanced itself from the protests and accused the country’s intelligence agencies of framing his party for the violence. The military denies the accusations.
The attacks took place a little over a year after Khan fell out with Pakistan’s powerful military, blaming the institution for colluding with his rivals to oust him from office in a parliamentary vote in April 2022, a charge denied by the military.
Khan, who remains a popular figure in Pakistan despite several court cases against him, has led a campaign of unprecedented defiance against the country’s powerful military. He has also accused the military of rigging the February 8 election in collusion with the election commission and his political rivals to keep him from returning to power. The military, election commission and Khan’s rivals deny the allegation.
