Supreme Court judges have raised concerns over the government’s decision to try civilians in military courts while other individuals involved in the same incidents are being tried in anti-terrorism courts (ATCs).
During the hearing, Justice Naeem Akhtar Afghan stated, “In the May 9 incidents, cases against 103 accused were tried in military courts, while the rest are being tried in ATCs.”
The constitutional bench, led by Justice Amin-Ud-Din Khan, reviewed intra-court appeals challenging the trials of civilians in military courts.
On October 23, 2024, a unanimous five-member bench of the Supreme Court declared civilians’ trials in military courts null and void, ordering the 103 suspects to be tried in civilian courts.
However, on December 13, 2023, a six-member bench, with Justice Musarrat Hilali dissenting, suspended the October 23 decision, allowing military court trials to proceed.
In December 2023, the constitutional bench conditionally upheld military courts’ reserved verdicts for 85 civilians allegedly involved in the May 9 riots, with 19 later pardoned following mercy appeals.
Justice Jamal Khan Mandokhail questioned, “Who decides where a case should be tried? Was any special evidence presented before the military courts?”
The judges emphasized that military courts must operate within constitutional limits. The hearing was adjourned until tomorrow.
