Trial of civilians in military courts: SC set to hear intra-court appeals on 13th

ISLAMABAD: A six-member bench of the Supreme Court (SC) from December 13 will hear a set of intra-court appeals (ICAs) against the SC's October 23 verdict, nullifying trial of 103 individuals by the military courts.

According to the cause list, released on Saturday, a six-member larger bench headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan will take up the federation’s and others’ ICAs on December 13 (Wednesday) at 11:30am.

The caretaker federal government, Defence Ministry, Ministry of Interior, and the interim governments of the Punjab, Khyber-Pakhtunkhwa, and Balochistan have filed the ICA against the five-member bench’s order dated October 23. The Sindh interim government also had filed the appeal but later on withdrew it.

Trial of civilians by military courts: SC urged to begin proceedings against secy Ministry

The ICAs questioned whether seducing or attempting to seduce any person who was subject to PAA from his duty or allegiance to government, or commission of any offence under the Official Secrets Act, 1923, in relation to any work of defence, arsenal, military establishment or station or military affairs of Pakistan, by civilians were not acts having direct nexus with armed forces. Thus, the civilians accused of these offences are legally triable under PAA as held, in, and on the touchstone of the principle laid down in retired Brig FB Ali’s case.

A five-member larger bench, headed by Justice Ijazul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik, on 23-10-23, declared that military trials of the civilians for their alleged role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9 unconstitutional, illegal, and of no legal effect.

It, by a majority of 4-1, declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) and (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect. The bench had also emphasized that the cases of the suspects involved in the vandalism would proceed before criminal courts.

Moreover, a three-judge bench, comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, and Justice Musarrat Hilali, will hear Justice Sayyed Mazahar Ali Akbar Naqvi’s petitions on December 15.