The Supreme Court’s constitutional bench has allowed military courts to announce verdicts in the cases of 85 accused in the civilian-military court trial case.
The constitutional bench, headed by Justice Aminuddin, heard intra-court appeals against military court decisions. Advocate Khawaja Haris presented arguments on behalf of the Ministry of Defense. At the start of the hearing, the bench deferred all other cases except the one related to military courts, stating that only this matter would be addressed today.
The bench noted that out of 103 detainees, 20 had already been released, and those eligible for leniency in their sentences should also be released.
Justice Jamal Mandokhail remarked on the need to argue whether the annulled provisions of the Army Act are in line with the Constitution and whether amendments to the Act can bring individuals under its scope. He emphasized that the Army Act was established before the 1973 Constitution.
Justice Muhammad Ali Mazhar inquired about the reasons for declaring the provisions null and void in judicial decisions. Khawaja Haris responded that there were flaws in the Supreme Court’s earlier rulings.
Justice Mazhar also asked for details regarding the May 9 incidents, noting that the case before them currently pertains only to the Corps Commander House. Additional Attorney General replied that all details were received earlier that morning and would be submitted as a miscellaneous application.
Justice Musarrat Hilali questioned the status of trials conducted under annulled provisions prior to May 9, to which the defense ministry’s lawyer replied that typically, decisions made under such provisions before annulment are protected. Justice Hilali expressed concern that this approach could be prejudicial to the accused.
Justice Mandokhail commented that joining the armed forces is voluntary, and those who enlist are aware that the Army Act applies to them, under which basic rights are limited. Advocate Haris countered that no one joins the military with criminal intent and that fundamental rights are suspended only in cases of criminal conduct.
The constitutional bench concluded the hearing by issuing an order allowing military courts to announce verdicts for the accused. However, these decisions will remain conditional on the outcome of the pending case in the Supreme Court. The bench directed that those eligible for leniency should be released, while others should be sentenced and transferred to prisons.
The hearing of the military court case was adjourned until after the winter break. Additionally, the Supreme Court indicated that hearings on petitions related to the 26th Amendment would commence in the second week of January.
