Military trials: SC dismisses govt’s request for a full court

The Supreme Court (SC) rejected on Tuesday government’s request to form a full court bench to hear a set of pleas challenging the trial of civilians in military courts.

A six-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik took up the case.

“It is not possible to form a full court,” the CJP said. During the hearing, Attorney General for Pakistan Mansoor Usman then called for forming a full court consisting of judges who were available.

During Monday’s hearing, the federal government said that the violence against the military and vandalism of army installations was a direct attack on the national security of Pakistan, and was therefore, prejudicial to the security, interests, and defence of Pakistan.

Awan filed a reply on behalf of the federal government on the petitions against the trials of civilians by the military courts and prayed that the petitions be dismissed.

The reply stated that as a consequence of the events of May 9, 2023, several FIRs were registered against the perpetrators.

Some of the FIRs do not explicitly mention the provisions of the Army Act. It submitted that SC in the case of FIA vs Hamid Ali Shah held that it is the contents of an FIR and not the mentioning of a particular statutory provision which determines the nature of the offences made out.

It stated that the challenges raised in the petitions can adequately be adjudicated by the High Courts under Article 199 of the Constitution which, inter alia, empowers the High Courts to “make an order […] as may be appropriate for the enforcement of any of the fundamental nights”.

It said the total damage came in at Rs2,539.19 million, including Rs1,982.95m in losses to military establishments, equipment, and vehicles.

Background

Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and the members of civil society have filed petitions under Article 184 (3) of the constitution before the apex court, asking it to declare that the trials of the civilians arrested in light of May 9 and 10 violent protests under the Army Act and Official Secrets Act are violative of Article 25 of the constitution, until and unless legal and reasonable guidelines are framed to structure the discretion not to arbitrarily try civilians under the Army Act.

On May 9, following arrest of the PTI chief from the premises of Islamabad High Court (IHC), PTI supporters thronged the streets in protest.

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.

Internet services were suspended for four days and access to social media was hindered for days after.