ICAs against trial of civilians in military courts: SC to resume hearing on Monday

ISLAMABAD: The Constitutional Bench of the Supreme Court will resume hearing of intra-court appeals (ICAs) against the SC’s decision on trial of civilians by the military courts from Monday (April 7).

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 the trial of the civilians, who allegedly attacked army installations during the (9th May) riots, by military courts is illegal and of no legal effect.

The bench, 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 emphasised that the cases of the suspects involved in the vandalism would proceed before criminal courts.

The caretaker federal government, Defence Ministry, Ministry of Interior, and the interim governments of the Punjab, Khyber Pakhtunkhwa and Balochistan challenged the verdict by filing ICA. The Sindh interim government had also filed the appeal but later on withdrew it. The Pakistan Tehreek-e-Insaf (PTI) which formed government in KP as a result of general elections held on February 8, 2024 also withdrew the ICA.

The appellants and the respondents’ counsels have completed their arguments and now Khawaja Haris, lawyer Defence Ministry, will be rebutting the objections raised by the counsels representing the appellants.

In the last hearing, Justice Aminuddin Khan, who is heading a seven-member Constitutional Bench, had hinted that upon the conclusion of Khawaja Haris’s argument they may pass a short order. The Ministry of Defence’s lawyer told the bench that it is not ego or prestige of army that people are court-martialed, but this is for the defence and security of the country.

In his rebuttal, Khawaja Haris pleaded that none of the Supreme Court judgments have denied the constitutionality of Section 2 (1) (d) of Army Act, but have struck down the punishments on the ground of fundamental rights. He said the moment a person become subject to Army Act then he come at par with the members of the armed forces.

Copyright Business Recorder, 2025