The Supreme Court has, by a majority of 5-1, suspended its October 23 order that declared the trials of civilians in military courts null and void regarding the May 9 riots.
The decision came in response to intra-court appeals (ICAs) filed by the federal and provincial governments, as well as the defense ministry, challenging the earlier verdict.
A six-member bench of the Supreme Court, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan heard the set of intra-court appeals.
Justice Hilali differed with the majority decision.
On October 23, a five-member apex court bench headed by Justice Ahsan unanimously admitted the pleas and nullified the government’s decision to try civilians in military courts in connection with the May 9 riots which erupted after the arrest of Pakistan Tehreek-e-Insaf (PTI)-then chairman Imran Khan.
Four judges out of the five declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”.
“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.
Following its verdict, the federal and the provincial governments along with the defence ministry filed intra-court appeals (ICAs). However, the caretaker government of Sindh refused to file any plea against the SC order.
Justice Masood, who faced objections regarding his inclusion in the bench, refused to recuse himself.
Former Chief Justice Jawwad S Khawaja and others had raised concerns about Justice Masood’s previous expressions on the matter, but the judge maintained his position.
The Supreme Court’s recent decision to suspend the October 23 verdict means that the trials of 103 civilians will continue, with the final ruling conditional upon the Supreme Court’s subsequent orders.
