SC Verdict on Military Trials of Civilians Sparks Legal Battle

SC Verdict on Military Trials of Civilians Sparks Legal Battle

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.

As per details, a 6-member constitutional bench of SC, headed by Justice Aminuddin Khan, will hear the case.

Other bench members include Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan.

Interior Ministry challenges SC verdict on military trials of civilians

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.

After a couple of months of hearing, Justice Sardar Tariq recused himself after objections were raised against Justice Masood.

Subsequently, a larger bench led by Justice Aminuddin Khan was formed to hear the matter. The same bench also conditionally allowed the trial of civilians in military courts.

More than a dozen individuals were released after completing their sentences. The bench again referred the matter to the SC committee for the constitution of a new larger bench.