The federal government informed the Supreme Court that trials of civilians involved in the chaotic events of May 9, which ensued following the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a corruption case, have commenced in military courts.
A miscellaneous application filed following the court’s orders on August 3 revealed that 102 individuals were apprehended due to their roles in the attacks on military installations and establishments. Scheduled for tomorrow, a five-member apex court bench, presided over by Justice Ijazul Ahsan and composed of Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, is set to hear petitions contesting the legality of trying civilians in military courts.
According to the government, the accused were detained under the Pakistan Army Act, 1952, in conjunction with the Official Secrets Act, 1923, for their involvement in the assaults on military installations. Emphasizing the importance of fair trials, the government stressed the need to expedite the proceedings for the benefit of the accused, allowing those deserving acquittal or minimal sentences to be released, if warranted.
The application underscored that should the accused be convicted, they would be entitled to pursue legal remedies. It clarified that the ongoing trials would remain subject to the outcome of the pending petition.
Order by the Supreme Court on August 3 revealed that the court would intervene to prevent any unconstitutional actions by the military. During the previous hearing, the case was adjourned indefinitely, with the assurance from the Attorney General for Pakistan (AGP) Mansoor Usman Awan that no military trials would proceed without informing the apex court.
In response to the government and military’s actions, PTI Chairman Imran Khan, former Chief Justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, urged the Supreme Court to declare the military trials as “unconstitutional”. Initial proceedings were marked by objections over the bench formation and recusals by judges, ultimately leading to the six-member bench addressing the petitions.
