Delivering the 5-2 split verdict, Justice Aminuddin announced the 10-page short order, accepting the appeals and allowing the trial of civilians involved in the May 9, 2023, attacks.
In what comes as a significant development from Pakistan, the country’s Supreme Court on Wednesday ruled in favour of military trials of civilians, which effectively paves the way for the trial of those involved in the May 9, 2023, riotous protests. Previously, the Pakistan Tehreek-e-Insaf (PTI) workers had resorted to violent protests against the arrest of Imran Khan, allegedly attacking military installations.
The multiple intra-court appeals against the top court’s original judgement of October 2023, which ruled against the military trial of the civilians, were heard by a seven-member constitutional bench of the court, led by Justice Aminuddin Khan.
The case was filed after May 9, 2023, violent protests by the PTI workers and the subsequent handing over of more than 100 protesters to the military authorities for trial.
The petitioners had filed review petitions, seeking the annulment of the judgement to allow the military courts to try civilians under the military laws. The court reserved its judgement on Monday after the conclusion of the hearing.
Delivering the 5-2 split verdict, Justice Aminuddin announced the 10-page short order, accepting the appeals and allowing the trial of civilians involved in the May 9, 2023, attacks.
However, he directed the government to make the necessary amendments in the law of the army within 45 days to allow the convicted individuals the right to appeal their sentences before a high court.
Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the verdict, dismissing the appeals in a separate order and upholding the earlier ruling that declared military trials as null and void.
Earlier, the October 23, 2023, verdict by a five-member bench had declared the military trials of civilians as unconstitutional by a majority of 4-1.
The bench unanimously had emphasised that the cases of the May 9 suspects will proceed before criminal courts; the majority ruling had struck down Section 2(1)d(i) and 2(1)(d)(ii) as well as Section 59(4) of the Pakistan Army Act, 1952.
(With inputs from PTI)
