Justice Naeem Akhter Afghan on Friday remarked that trials in a military court were “similar” to those in a civilian court, as a Supreme Court constitutional bench heard a case on military trials of civilians over last year’s May 9 riots.
The case pertains to the military trials — and recent sentencing — of civilians for their role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9, 2023.
Justice Afghan’s remarks came as the bench resumed hearing intra-court appeals (ICAs) challenging the Oct 23, 2023 ruling by a five-judge bench that had unanimously declared that trying the accused civilians in military courts violated the Constitution.
The seven-judge constitutional bench is headed by Justice Aminuddin Khan and also includes Justices Afghan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan.
In recent hearings, SC judges have questioned why the accused were “specifically” tried in military courts instead of anti-terrorism courts, with Justice Mandokhail observing that “the executive cannot play the role of judiciary”.
During today’s hearing, Advocate Khawaja Haris appeared as the defence ministry’s lawyer and continued his arguments in the case. Additional Attorney General (AAG) Aamir Rehman was present as the state counsel.
Justice Afghan remarked, “There is also the facility to hire a lawyer of one’s choice in a court martial case. The trials in a military court are also similar to ordinary (civilian) courts.”
However, Justice Mandokhail wondered whether an “officer presiding over a military court is perfect enough to determine such harsh sentences”.
Justice Hilali also questioned trials in military courts, noting that cases over the May 9 riots were registered under the Anti-Terrorism Act (ATA), rather than the Army Act.
The hearing was adjourned till January 13 (Monday), when the defence ministry counsel would continue his arguments.
On December 13, the SC’s constitutional bench conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were in custody for their alleged involvement in the May 9 riots in 2023.
On Dec 21, military courts sentenced 25 civilians to prison terms ranging from two to 10 years for their involvement in the attacks. Days later, another 60 civilians were handed jail terms of a similar period over the matter.
On January 2, the mercy petitions of 19 accused were accepted on humanitarian grounds, while 48 other pleas have been processed to Courts of Appeal.
The sentencing of civilians by military courts was not only condemned by the PTI, but the United States, the United Kingdom and the European Union also raised concerns, saying the move contradicted international laws.
