The Pakistan Supreme Court reserved on Monday its ruling on a series of appeals that defy the legality of testing civilians in the military courts, particularly those accused in the protests of May 9, 2023.
The Constitutional Bank of Six members, led by Judge Aminuddin Khan, concluded the hearings on 38 Intra-Court appeals presented by federal and provincial governments, as well as in the Shuhada Baluchistan forum. A brief judgment is anticipated at the end of this week.
The case is derived from a decision of October 2023 in which the Apex court declared the judgment of civilians in the null and null military courts, which caused a significant legal and political discourse.
This verdict was unanimously issued by a five -members bank in response to requests against the attempt of suspects involved in attacks on military facilities during the disturbances of May 9.
Despite the ruling, the military courts had already sentenced 85 activists from Pakistan Tehreek-E-Insaf (PTI) to terms that go from two to ten years of rigorous imprisonment. In January, the military accepted 19 supplications of mercy for humanitarian reasons, according to public relations between services (ISPR).
During the hearing, Attorney General Usman Awan defended the role of the military, saying that the coordinated attacks occurred in 39 military sites between the 3 PM and the 7 PM of May 9, 2023. According to him, 23 incidents took place in Punjab, eight in Khyber Pakhtunkhwa and another in Sindh.
He argued that the protests were not spontaneous, but the result of “organized planning.” He also said that even if the violence were reactionary, it could not be excused. “Our country is not ordinary; due to its geography, we constantly face significant threats,” Awan told the court.
The attorney general revealed that three senior army officials, a Lieutenant General, a Brigadier and a lieutenant colonel, had been forcibly removed without pension or benefits due to negligence to prevent the attack on the Jinnah house in Lahore. Other fourteen officers were denied promotions due to dissatisfaction with their management of the situation.
Judge Jamal Khan Commandkhail asked if a criminal process had been initiated against military personnel. Awan replied that no crimes were committed and, therefore, no criminal cases were recorded. He clarified that disciplinary measures were taken for not acting, not for illegal behavior.
Judge Commandkhail said that, according to the Law of the Army of Pakistan, departmental action must be accompanied by criminal responsibility when justified. Awan replied that only the officers who had “exercised restriction” had faced a disciplinary action.
Judge Aminuddin Khan said that the court would issue a short order at the end of this week.
