Pakistan’s Supreme Court on Monday reserved its verdict on a series of appeals that challenged the legality of trying civilians in military courts, especially those charged in May 9, 2023, are protesting.
The six-member constitutional bench, led by justice Aminuddin Khan, concluded hearings on 38 intra-court appeals filed by federal and provincial governments as well as the Shuhada forum Balochistan. A short judgment is expected later this week.
The case stems from a decision in October 2023, when the Point Court declared the trial against civilians in military courts invalid, which received a significant legal and political discourse.
This judgment was unanimously handed down by a five-member bench in response to petitions against trying suspects involved in attacks on military installations during the riots on May 9.
Despite the order, military courts had already convicted 85 Pakistan Tehreek-E-Insaf (PTI) activists from two to ten years of string prison. In January, the military accepted 19 Mercy Pleas on humanitarian reasons, according to Inter-Services Public Relations (ISPR).
During the hearing, the lawyer Mansoor defended Usman Awan the role of the military and said that coordinated attacks took place in 39 military places between 1 p.m. 15.00 and 19 May 2023. According to him, 23 incidents took place in Punjab, eight in Khyber Pakhtunkhwa and one in Sindh.
He argued that the protests were not spontaneous, but a result of “organized planning.” He also said that even if the violence was a reactionary, it could not be excused. “Our country is not a common; because of its geography, we are constantly facing significant threats,” Awan told court.
The Riced Attorney revealed that three senior army officers – a lieutenant general, a brigadier and a colonel – had been withdrawn without retirement or benefits due to negligence from preventing the attack on Lahore’s Jinnah House. Fourteen other officers were denied promotions due to dissatisfaction with their handling of the situation.
Justice Jamal Khan Mandokhail asked if any criminal case was initiated against military staff. Awan replied that no crimes were committed and therefore no criminal cases were registered. He clarified that disciplinary measures were taken for inaction, not for illegal behavior.
Justice Mandokhail noted that under Pakistan’s Army Act, departmental actions must be accompanied by criminal responsibility when justified. Awan replied that only officers who had “exercised restraint” had been subjected to disciplinary action.
Justice Aminuddin Khan said the court would issue a short order later this week.
