In a much-awaited verdict, a five-member bench of the Supreme Court declared the military trial of the 102 civilians arrested following the May 9 protests null and void.
The bench was headed by Justice Ijazul Ahsan and comprised justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha A Malik.
Lawyer and former senator, Aitezaz Ahsan, who was among the petitioners in the case — termed the verdict “very important”, adding that it would also “strengthen democracy, the Constitution, and the justice system”.
“The decision is so important that all institutions must now realize that the Supreme Court has pronounced that the law is above you.”
In the face of immense pressure, the Supreme Court has held that justice for civilians cannot and will not be handed over to the military. The section in the Pakistan Army Act 1952 which allowed for the trial of civilians in military courts has been declared as unconstitutional. Civilians in military custody will be tried in the ordinary criminal courts.
Speaking of military court trials, Hosain remarked: “Court-martial proceedings are grossly unfair — serving army officers with no legal training act as judges; there is no right to a reasoned judgment with decisions often simply stating ‘guilty’ or ‘not guilty’; trials take place in secret; and there is no meaningful right to appeal.”
“In declaring military courts for civilians unconstitutional, the court has in the true sense defended, protected, and preserved fundamental rights … Today is a good day for the country and the Constitution,” said Hosain.
Lawyer and special assistant to the Sindh chief minister, Mirza Moiz Baig commented:
“The Supreme Court’s decision today is in keeping with the principle that civilians should ordinarily be tried by courts of ordinary criminal jurisdiction.
“While Section 2(d) of the Army Act, 1952, provided for certain exceptional circumstances under which a civilian may be tried by a military court, the Supreme Court, by striking down Section 2(d) of the Act, as media reports suggest, has closed the doors for the trial of civilians by military courts.”
Restoring trust in courts
Barrister Asad Rahim Khan termed the SC’s order “courageous and potentially expansive”.
“While upholding an ageless principle — that civilians cannot be tried by military tribunals as long as civilian courts are functional — it has also struck down exceptions to the rule. “
Depending on what the detailed reasons in the court order will say, Rahim is of the opinion that the verdict “removes any ambiguity left over from earlier judgments.”
“Today’s verdict reminds us why citizens still look to the court for justice,” he said.
Lawyer and columnist Reema Omer wrote on X [formerly Twitter] that if the media reports of the verdict were true, the judgment is “truly historic”.
“Not only does it mean 9-10 May violence accused will be tried by regular courts, it would also allow other civilians convicted by military courts (for example Idrees Khattak) opportunity for relief and [will] prevent such military injustice in future,” she said.