The Supreme Court on Wednesday temporarily suspended its previous order from October 23 that nullified civilian trials in military courts related to the May 9 riots.
The suspension comes following intra-court appeals filed by federal and provincial governments, as well as the defense ministry.
The six-member bench, led by Justice Sardar Tariq Masood, heard the appeals and included Justices Aminuddin Khan, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, and Irfan Saadat Khan.
Justice Hilali dissented from the majority decision, allowing military court trials for civilians until a final verdict on the intra-court appeals is reached.
The military court proceedings will be subject to the Supreme Court’s ultimate decision on these appeals.
On October 23, a previous bench, headed by Justice Ijazul Ahsan, declared the government’s decision to try civilians in military courts as unconstitutional. Four out of five judges ruled that certain sections of the Army Act were unconstitutional, directing the trials to be conducted in civilian courts.
The decision prompted appeals from the federal and provincial governments, and the defense ministry, with the exception of the caretaker government of Sindh, which declined to file any plea against the Supreme Court’s order.
During today’s hearing, Khawaja Haris, representing the defense ministry, requested a stay on military court verdicts until the final decision on the intra-court appeals. Justice Masood refused to recuse himself from the bench despite objections raised about his inclusion.
Lawyers argued over the issuance of notices and objections, with Attorney General Mansoor Usman Awan stating that objections should be addressed after hearing the case on merit.
The court proceeded to hear the arguments, emphasizing the need to await the detailed verdict.
Haris argued that amendments to the Army Act in 1967 permitted military trials for civilians, particularly those threatening national security.
He cited a previous case involving retired Brig FB Ali, where similar provisions were upheld. Haris emphasized that individuals posing a security threat would be tried in military courts.
The court discussed the status of the trials, with the Attorney General mentioning some indictments and pending cases.
He assured that those indicted would not face sentences exceeding three years, prompting questions from Justice Mazhar about the calculation of sentences.
In response, Haris proposed suspending the October 23 order, citing the prolonged custody of around 104 individuals awaiting trial. The court considered the request, acknowledging the need for a detailed verdict before making a final decision.
