Questions on Military Officers’ Expertise in Awarding Death Penalties
Islamabad: Justice Jamal Mandokhail of the Supreme Court questioned the competence of army officers to issue death sentences in civilian trials during the hearing of an intra-court appeal against military court trials for civilians.
In a unanimous decision in October 2023, a five-member bench had declared the military trials of civilians as unlawful and ordered 103 suspects to be tried in civilian courts.
However, on December 13, 2023, the six-member bench of the Supreme Court had suspended its October order, which was later challenged. In December, the bench conditionally allowed military courts to pronounce reserved verdicts for 85 civilians involved in the May 9, 2023, riots.
The May 9 riots were violent protests triggered by the arrest of PTI’s leader, which led to attacks on state installations. The military court handed down sentences to the accused, though 19 convicts received pardons after appealing.
Justice Mandokhail emphasized that the Army Act applies solely to the military, and the court must ensure fundamental rights and justice for all citizens.
Justice Musarrat Hilali inquired about the procedure of drafting judgments in military courts. The Defense Ministry’s lawyer explained that the Judge Advocate General (JAG) Branch assists in drafting judgments.
The court adjourned the hearing until Monday.
