A six-member Supreme Court bench will hear a series of intra-court appeals (ICAs) challenging its unanimous Oct 23 verdict, which nullified military trials for 103 civilians.
The eagerly anticipated hearing is scheduled for Dec 15 (Wednesday) and is generating considerable public and legal interest.
The earlier ruling was delivered by a five-member bench comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi, and Ayesha Malik.
The highly lauded earlier ruling categorically declared the military trials of civilians accused of participating in attacks on army installations during the post-arrest riots following ex-premier Imran Khan’s detention on May 9 as ultra vires the Constitution.
The apex court emphasized that such cases should be adjudicated in criminal courts established under the ordinary or special law of the land, rather than in military courts.
Responding to this, the caretaker federal government and provincial governments in Balochistan, Khyber Pakhtunkhwa, and Punjab have filed appeals challenging the verdict.
Notably, Sindh maintains that it has not submitted any plea on the matter. Additionally, the defense ministry has submitted an ICA, urging the Supreme Court to suspend the operation of the verdict during the pendency of the appeal.
A distinct contempt of court petition has been filed against Defence Secretary retired Lt Gen Hamooduz Zaman Khan for allegedly disregarding the Oct 23 verdict.
As per the cause list released today, a distinguished six-member larger bench, led by Justice Sardar Tariq Masood, is slated to hear the ICAs on Dec 13 at 11:30 am.
The ICAs assert that the Supreme Court, through its Oct 23 order, exceeded its jurisdiction by excluding civilians from the ambit of the Pakistan Army Act (PAA) 1952. This, according to the appeals, significantly undermines the armed forces’ ability to fulfill their constitutional duty to defend Pakistan against external aggression, thereby allegedly violating Article 245(1) of the Constitution.
