Police fire tear gas to disperse supporters of Pakistan’s former Prime Minister Imran Khan protesting against the arrest of their leader, in Peshawar, Pakistan, on May 9, 2023. File
| Photo Credit: AP

Pakistan’s Supreme Court on October 23 declared the trial of civilians arrested following the violent protests on May 9 in military courts as “null and void” and ordered authorities to conduct their hearing in ordinary courts.

A five-member bench of the Supreme Court led by Justice Ijazul Ahsan in its short verdict ordered that 102 accused arrested under the Army Act be tried in the criminal court.

The court, which announced its verdict within hours after it was reserved during the day at the conclusion of the hearing, ruled that the trial of any civilian if held in military court has been declared “null and void”.

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The bench comprising Justices Ahsan, Muneeb Akhtar, Yahya Afridi, Mazahir Naqvi, and Ayesha Malik announced its verdict on a dozen petitions challenging the trial of more than 100 civilians in military courts following the unprecedented violence in the country after the arrest of former Prime Minister Imran Khan on May 9.

The pleas were filed by former Prime Minister Imran Khan, the Supreme Court Bar Association, eminent lawyer Aitzaz Ahsan, former Chief Justice Jawwad S Khawaja and members of the civil society among others.

The bench heard the pleas against the announcement by the government that those involved in attacks on military installations on May 9 would be tried under military laws.

According to the Pakistani Army, 102 accused have been handed over to the military authorities for trial.

They have been arrested for their alleged involvement in the attacks on key military establishments, including the General Headquarters in Rawalpindi, the Corps Commander’s House in Lahore, Pakistan Air Force Base Mianwali, and an office of the Inter-Services Intelligence (ISI) in Faisalabad.

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Attorney General Mansoor Awan at the outset of the hearing said that the military trials of civilians had formally commenced and all the requirements would be fulfilled in the process.

“All the requirements of a criminal case will be met in the trial under the Army Act,” he said.

The court, after hearing the arguments, had reserved its judgment earlier today.

The Supreme Court on October 20 announced that it will restart the hearing of the case after a gap of more than two months.

The last time a six-judge Supreme Court bench heard the case was on August 3 but a new bench was set up as the previous one was formed by the former Chief Justice Umar Ata Bandial. The previous bench had postponed further proceedings for an indefinite period.

Also Read: Pakistan military court should not begin trial of civilians involved in May 9 violence without informing Supreme Court, says top judge

The government during the hearing had assured the court that their trial had not started as yet.

The case is deemed an important one as it will settle the issue of the trial of civilians by the military courts.

Meanwhile, at least nine accused facing trials under the Army Act moved the apex court on October 22 for early conclusion of their cases by the military courts.

In their separate applications, the suspects pleaded that they have complete faith and confidence in the military authorities to provide justice to them and to other accused persons.