A member of the constitutional bench (CB) of the Supreme Court has observed that it is parliamentary job to limit terrorism and not of the judiciary. On Monday, the Ministry of Defense, Khawaja Haris, continued his arguments for a 7-member CB, where he heard the Intra Court appeals to October 2023 of the Point Court, describing lawsuit against 9 May uprising in military courts. Haris claimed that if a civilian attacks a military installation or stealing some military hardware as a tank, then the Pakistan Army Act, 1952 – the law dealing with the formation of military courts – will be used to this person. Justice Jamal Khan Mandokhail asked Haris if a first information report (FIR) would also be filed in such a scenario, as the question is about the trial of such accused.

"We want to know how FIR [for such an attack/stealing] will be registered; Who will investigate the matter and where the trial is held," he added. The adviser of the Ministry of Defense replied that those who are preparing laws [parliament] will decide where the trial of the crime by attacking a military installation should be held. Haris added that the armed forces under the Pakistan Army Act, 1952, have the right to arrest such attackers. Justice Muhammad Ali Mazhar noted that it is a legal requirement to register a four before arresting an accused. Justice Syed Hasan Azhar Rizvi also reminded the lawyer that an accused after an arrest should also be submitted to a magistrate. Justice Jamal Khan Mandokhail noted that courts should only ensure that litigation is held under the Constitution.

"Controlling terrorism is Parliament’s job, not the judiciary. Courts cannot operate if they begin to consider whether a verdict would result in reducing terrorism or increasing terrorist activities," he added. CB resumes to hear the case today. The country’s civil and military leadership decided to hold the trial against over 100 of the people who attacked and vandalized military installations and memorials following the arrest of former Prime Minister Imran Khan on May 9, 2023 in military courts. A number of the petitioners contested the move in the Supreme Court, whose five-members larger bench on October 23 canceled the military court attempts. The bench – led by Justice Ijazul Ahsan and consisting of Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik – issued the order for the petitions filed by the PTI chief and others. Four judges out of the five declared that section 2 (2) "Ultra Vires Constitution and without any legal effect".

"Without condemning the generality of the previous attempts with civilian and accused persons who are about 103 people […] must be tested by criminal courts of competent jurisdiction laid down in accordance with the ordinary and/or special law of the country in relation to such offenses for which they may be accused" The short order read. The government later filed appeals within the court against the verdict, which another major SC bench suspended in November 2023 through a majority.