Apex court suspends its own verdict against civilians’ military trial.
Defency ministry, provinces filed ICA’s in SC against Oct 23 decision.
103 civilians face military trials for alleged complicity in May 9 riots.
Hours after the top court ruling, the Pakistan Tehreek-e-Insaf (PTI) Wednesday criticised the Supreme Court’s 5-1 decision to suspend its October 23 ruling nullifying military trials of more than 100 civilians, pending a final judgment, calling it a “judicial coup”, Geo News reported.
“The Supreme Court’s decision is no less than a ‘judicial coup’ against the Constitution,” the former ruling party’s spokesperson said in a statement, calling the suspension verdict against “basic human rights”.
The 103 civilians facing military trials are allegedly those who ransacked military installations across the nation on May 9, following PTI founder Imran Khan’s arrest in a graft case.
PTI’s response comes after a six-member bench of the apex court — with Justice Musarrat Hilali differing with the majority — suspended its October 23 order wherein it declared civilians’ trials in military courts null and void in connection with the May 9 riots.
The bench, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Hilali, and Justice Irfan Saadat Khan heard multiple intra-court appeals (ICAs) filed by the Defence Ministry, Punjab and Balochistan governments against the apex court’s earlier decision that annulled military trial of civilians.
During the hearing today, Justice Masood noted that the military trial of civilians will continue.
The court, however, in its short order underscored that the military trials will be “conditioned” on the court’s final verdict on the ICAs.
In its October decision, the court’s nine-member bench unanimously decided against the government’s decision to hold military trials of civilians — wherein four out of the five judges declared 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 court’s short order read.
In its statement, the former ruling party lamented the apex court’s decision as violative of fundamental human rights.
“The Constitution does not provisions civilians’ trial in military courts,” it said adding that the bench’s verdict will distort the constitutional fabric of the country.
Voicing concerns on the remarks made by “certain bench members”, the PTI reiterated its commitment to utilise the available constitutional and political routes [to voice its concerns against the verdict].
“It is the responsibility of the SC to uphold the Constitution and fundamental rights,” the party said.
Earlier this year, the Pakistan Muslim League-Nawaz (PML-N)-led Pakistan Democratic Movement (PDM) government had decided to hold military trials of those allegedly involved in the May 9 riots which saw military installations including the army’s General Headquarters (GHQ), Lahore’s Corps Commander’s House and various other facilities being vandalised across the country.