The Supreme Court of Pakistan reserved its judgment on Monday on a series of calls contesting the legality of trying civilians in the military courts, in particular those accused on May 9, 2023.
The constitutional bench of six members, led by Judge Amicin Khan, concluded hearings on 38 intra-haired calls deposited by federal and provincial governments, as well as the Shuhada Balutchistan forum. A brief judgment is later scheduled for this week.
The case arises from a decision of October 2023 where the Supreme Court declared the trial of civilians in the zero and non -Avenus military courts, which caused an important legal and political discourse.
This verdict was pronounced unanimously by a bench of five members in response to petitions against suspects such as attacks against military facilities during the May 9 riots.
Despite the decision, the military courts had already condemned 85 activists from Pakistan Tehreek-E-insaf (PTI) to terms ranging from two to ten years of rigorous imprisonment. In January, the military accepted 19 pleas of mercy for humanitarian reasons, according to inter-service public relations (ISPR).
During the hearing, the Attorney General Mansoor Usman Awan defended the role of the army, saying that coordinated attacks occurred on 39 military sites between 3 p.m. on May 9, 2023. According to him, 23 incidents took place in Punjab, eight at Khyber Pakhtunkhwa and one at the Sindh.
He argued that the demonstrations were not spontaneous but the result of “organized planning”. He also said that even if violence was reactionary, it could not be excused. “Our country is not ordinary; due to its geography, we are constantly faced with significant threats,” Awan told court.
The Attorney General revealed that three senior army officers – a lieutenant -general, a brigadier and a lieutenant -colonel – had been forcibly withdrawn without pension or services due to negligence in the prevention of the Jinnah de Lahore attack. Fourteen other officers were denied promotions due to dissatisfaction with their treatment of the situation.
Justice Jamal Khan Mandokhail asked if criminal procedure had been initiated against military personnel. Awan replied that no crime has been committed and, therefore, no criminal matter has been recorded. He said that disciplinary measures have been taken to act, not for illegal driving.
Judge Mandokhail noted that by virtue of the Pakistan Army Act, departmental action must be accompanied by criminal responsibility when justified. Awan replied that only officers who had “exercised a reservoir” had faced disciplinary measures.
Judge Amicin Khan said the court would make a short prescription later this week.
