SC Rules Military Trials of Civilians Unconstitutional

SC Rules Military Trials of Civilians Unconstitutional

On Oct 23, 2023 ruling, the Supreme Court (SC) declared that trying civilians in military courts for their alleged role in attacks on army installations during the riots that followed PTI founder Imran Khan’s arrest was ultra vires the Constitution.

A seven-member constitutional bench, headed by Justice Aminuddin Khan took up the plea challenging the trial of civilians in the military court.

At the outset of the hearing, the SC bench was informed about the absence of the defense ministry’s counsel Khawaja Haris due to illness.

The SC bench on the request of the the additional attorney general of Pakistan, adjourned the hearing until Thursday.

During the hearing, Latif Khosa, representing the petitioners, urged the court to transfer detainees to civilian jails to facilitate family meetings.

However, Justice Aminuddin dismissed the plea, noting that the AGP had already assured the court that arrangements for family meetings would be made. He emphasized the need to remain focused on the legal aspects of the case.

SC constitutional bench refuses to halt appeals against military court trials

On the last hearing, the Supreme Court (SC) rejected a plea by former CJP Justice (retired) Jawad S. Khawaja to halt appeals against trials of civilians in military courts and slapped a fine of Rs20,000 for submitting an ‘unnecessary’ plea in the court.

In December last year, a larger bench led by Justice Sardar Tariq Masood suspended the SC judgment and allowed the trial of civilians in military courts without announcement of judgment.