Supreme Court suspends verdict nullifying civilians’ trial in army courts

ISLAMABAD: The Supreme Court (SC) on Wednesday conditionally suspended its verdict in which it had terminated the trial of civilians accused in army courts.

The Supreme Court allowed the trial of civilians to continue in military courts, but the final decision regarding the trial would be subject to the judgment of the apex court, the official news agency reported.

A six-member larger bench of the top court headed by Justice Sardar Tariq Masood and comprising Justice Amin ud Din Khan, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali and Justice Sadaat Irfan Khan heard the intra court appeals against the verdict in army courts case.

The decision was suspended by a majority of 5-1, as Justice Musarrat Hilali dissented from it.

The verdict was announced on intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court’s verdict announced by Justice Ijazul Ahsan-led bench in October this year.

On October 23, a five-member apex court bench headed by Justice Ahsan unanimously admitted the pleas and nullified the government’s decision to try civilians in military courts in connection with the May 9 riots which erupted after the arrest of Pakistan Tehreek-e-Insaf (PTI)-then chairman Imran Khan.

Four judges out of the five declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”.

“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.

Following its verdict, the federal and the provincial governments along with the defence ministry filed intra-court appeals.