On Monday, the high court’s (SC) procedural bench denied the federal government’s request to enable military courts to publicize the results of complete trials of civilians convicted of being involved in last year’s May 9 riot.
The case involves the trial of over 100 citizens for allegedly attacking army sites during the riots that erupted following the arrest of ex-Prime Minister Imran Khan on May 9, 2023.
In a widely praised verdict last year, a five-member Supreme Court bench — Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi, and Ayesha Malik — unanimously declared that trying the accused civilians in military courts violated the Constitution.
The Supreme Court ruled that the accused would be tried in criminal tribunals of competent authority established under ordinary or special law of the nation, rather than military courts.
However, on December 13, last year, in a 5-1 majority decision, the Supreme Court conditionally stayed its own October 23 ruling — albeit by a different bench — pending a final decision while hearing a series of intra-court appeals (ICAs).
On March 27, the Supreme Court conditionally enabled military courts to issue reserved rulings in the instances. It also modified its Dec. 13 ruling, allowing military courts to begin trials but not convict or acquit any suspect until government-instituted ICAs were completed.
A seven-member constitutional bench, led by Justice Aminuddin Khan and comprised of Justices Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan, commenced hearing the ICAs today.
Senior counsel Khwaja Ahmad Hosain appeared on behalf of former Chief Justice of Pakistan (CJP) Jawwad S Khawaja, who was among the petitioners challenging the military trials. Analyst Hafeezullah Niazi, whose son Hassaan Khan Niazi is in military detention, was also present, with Additional Attorney General Aamer Rehman serving as the state counsel.
During the hearing, the court denied Justice Khawaja’s counsel’s request not to begin hearing the ICAs until petitions challenging the 26th Amendment, which established the current bench, were decided. The Supreme Court also levied a Rs20,000 fine on the previous Chief Justice.
It also denied the AAG’s request that the Supreme Court allow military courts to issue verdicts in cases when the defendants’ trials had been finished.
The hearing
Justice Khawaja’s lawyer, Hosain, requested that the military court case not be heard until the petitions against the 26th Constitutional Amendment were decided.
When asked whether he accepted the constitutional bench’s jurisdiction, the lawyer responded that he did not.
At this point, Justice Mandokhail instructed the lawyers to leave the courtroom, saying, “You don’t have a loved one in detention, so you want a delay. “If you do not accept the court’s jurisdiction, you may leave.”
The lawyer then claimed that the constitutional bench had been chosen by the judicial commission, and therefore if the 26th amendment repealed, the bench’s ruling would likewise be illegal.
At this point, Justice Muhammad Ali Mazhar was said, “You’re adopting delay tactics. Such applications come up at every hearing. If the 26th Amendment is repealed, the court’s decisions remain safeguarded.”
Justice Mandokhail stated that the Supreme Court was operating under the constitutional amendment and that any benches formed were in execution with the amendment’s defined processes, adding that a bench formed under the same amendment would also hear challenges to it.
Justice Mazhar asked Hosain if people with relatives in detention for military court cases desired the same thing as him, while Justice Mandokhail questioned Hafeezullah if he wanted to continue with the case because his son was in custody.
Hafeezullah said he wanted to proceed with the case.
Meanwhile, Justice Hilali advised Hosain, “Think about those who are in jail. You have no right to make a claim in this circumstance.”
The court refused the motion to halt proceedings in the ICAs and fined former CJP Khawaja Rs20,000.
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