Islamabad (PNI) The Supreme Court on Monday declared trials of civilians arrested following violent protests in the country on May 9 in military courts null and void.
The apex court announced its short verdict after reserving its decision following proceedings in the case earlier today on a set of petitions questioning the legitimacy of trying civilians in military courts.
The court, by a majority of 4 to 1, has held that the trial of civilians under Section 21 (D) of the Army Act is unconstitutional. The five-member bench unanimously declared that civilians would be tried under ordinary criminal laws.
Justice Yahya Afridi reserved judgement on the validity of Section 21 (D).
Civilians were arrested under the Army Act following incidents of rioting and vandalism following Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s arrest on May 9.
A five-member bench, led by Justice Ijazul Ahsan, heard the case. Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik were part of the bench.
As the hearing commenced earlier today, Jawad S. Khawaja’s lawyer, Ahmed Hussain, expressed his intention to read the order from the previous hearing. However, the judge reminded him that during the last session, the attorney general had presented his arguments and suggested allowing him to conclude his case before proceeding with other matters.
Lawyer Salman Akram Raja also argued that the military courts have started the trial of civilians despite giving assurances in the court but Justice Ahsan directed him to listen to the attorney general first.
Attorney General of Pakistan (AGP) Mansoor Usman Awan provided a comprehensive summary of the previous hearing and explained why a constitutional amendment was not necessary for the present trial.
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