SC Rules Civilian Trials in Military Courts Unconstitutional
On Oct 23, 2023, the 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.
The verdict was reserved by a six-member SC bench after a hearing that detailed arguments from both sides.
The bench headed by Justice Aminuddin Khan also includes Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan.
The SC bench reserved the verdict today after the Attorney General for Pakistan concluded his arguments.
Civilians’ military trials begin, Govt informs SC
Justice Aminuddin Khan stated that a short order will be issued within this week, adding urgency to the high-profile case that has significant constitutional implications.
The AGP urged the court to provide an observation on granting the right of appeal and cited precedent, including the SC’s ruling in ex-COAS General (retired) Qamar Javed Bajwa’s service extension case, where Parliament was directed to legislate within a specified timeframe.
Justice Muhammad Ali Mazhar noted that in that instance, Parliament was given six months for legislation, reinforcing the court’s authority to recommend legal reforms.
The verdict is expected to address whether military courts have constitutional jurisdiction over civilian suspects, a matter that has sparked widespread legal and public debate.
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