Civilians' trial: SC resumes hearing of ICAs tomorrow
ISLAMABAD: The Constitutional Bench of the Supreme Court will resume hearing of Intra-Court Appeals (ICAs) against the apex court decision on trial of civilians by military courts from tomorrow (Monday).
In the last hearing, Khawaja Haris, representing Ministry of Defence, completed his arguments in rebuttal, and now Attorney General for Pakistan (AGP) would present the federation's stance on granting appeal against the decision of military court.
Additional Attorney General Aamir Rehman told the bench that deliberation is going on to provide right of appeal to people sentenced by the military courts in 9th May incidents.
Civilians' trial in military courts: Grounds delineated in RDBA judgment may apply in present case: AGP tells SC
AGP Mansoor Usman Awan on April 9 had told the Constitutional Bench that three grounds – mala fide, coram non judice and without jurisdiction grounds – delineated in Rawalpindi District Bar Association (RDBA) judgment for challenging Court Martial's verdict may apply in the present case. 'The apex court, if so desire, can add another ground (right of appeal),' he added.
A seven-judge Constitutional Bench of the Supreme Court, headed by Justice Aminuddin Khan, and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan had been hearing the lawyers of Ministry of Interior, Minister of Law and Justice, the Punjab and Balochistan governments, and Shuhada Foundation have adopted the arguments of Khawaja Haris.
A five-member larger bench, headed by Justice Ijazul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik on 23-10-23 declared that the trial of the civilians, who allegedly attacked army installations during the (9th May) riots, by military courts is illegal and of no legal effect.
It, by a majority of 4-1, declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect.
However, a six-member bench headed by Justice Sardar Tariq Masood on December 13, 2023 by a majority of 5-1 had suspended the order of SC five-judge judgment. Justice Musarrat Hilali had disagreed with the majority order.
Copyright Business Recorder, 2025
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