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Pakistan SC strengthens army chief Asim Munir as it upholds military trials for civilians involved in protests
The case stems from the violent May 9, 2023 protests by PTI supporters, leading to over 100 demonstrators being transferred to military custody for prosecution.
Pakistan’s Supreme Court on Wednesday upheld the legality of military trials for civilians, clearing the path for prosecuting those involved in the violent protests of May 9, 2023.
Supporters of the Pakistan Tehreek-e-Insaf (PTI) had launched aggressive demonstrations following the arrest of Imran Khan, allegedly targeting military installations during the unrest.
A seven-member constitutional bench of the Supreme Court, led by Justice Aminuddin Khan, convened to hear multiple intra-court appeals contesting the court’s earlier ruling from October 2023, which prohibited the military trial of civilians.
The case stems from the violent protests on May 9, 2023, involving PTI supporters, after which more than 100 demonstrators were transferred to military custody for prosecution.
The petitioners had submitted review petitions, requesting the annulment of the judgment that restricted military courts from trying civilians under military laws. After concluding the hearings, the court reserved its judgment on Monday.
Delivering a 5-2 split verdict, Justice Aminuddin issued a 10-page short order, accepting the appeals and permitting the trial of civilians linked to the May 9, 2023 attacks under military jurisdiction.
However, he instructed the government to amend the Army Act within 45 days to provide those convicted by military courts the right to appeal their sentences before a high court.
Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the majority verdict, rejecting the appeals in a separate order and upholding the previous ruling that had declared military trials of civilians null and void.
Previously, on October 23, 2023, a five-member bench had ruled by a 4-1 majority that trying civilians in military courts was unconstitutional. While the bench unanimously agreed that the cases of the May 9 suspects should be tried in criminal courts, the majority also struck down Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Pakistan Army Act, 1952.
However, in today’s verdict, the constitutional bench reinstated those sections of the Pakistan Army Act, 1952.
During the course of the petition hearings, military courts sentenced 85 PTI activists to prison terms ranging from two to ten years of rigorous imprisonment.
With PTI inputs
