Supreme Court Permits Military Courts to Announce Verdicts for Civilian-Military Trial Cases

The Supreme Court’s constitutional bench, led by Justice Aminuddin Khan, has allowed military courts to announce verdicts for 85 individuals accused in the ongoing civilian-military court trial cases. However, the court clarified that these decisions remain subject to the final judgment of the pending case in the Supreme Court.

Key Developments

1. Status of Accused Individuals:
   • Out of 103 detainees, 20 have already been released.
   • The court directed that individuals eligible for leniency should also be released.
2. Focus on Constitutionality:
   • Justice Jamal Mandokhail emphasized examining whether the annulled provisions of the Army Act align with the Constitution and whether amendments to the Act appropriately apply to civilians.
   • He pointed out that the Army Act predates the 1973 Constitution.
3. Concerns Over Annulled Provisions:
   • Justice Musarrat Hilali raised questions about trials conducted under annulled provisions of the Army Act before May 9, expressing concern about potential prejudice against the accused.
4. May 9 Incidents:
   • The case primarily focused on events related to the Corps Commander House.
   • The Additional Attorney General stated that detailed information about the incidents was submitted as a miscellaneous application.

Arguments Presented

• Khawaja Haris (representing the Ministry of Defense):
  • Asserted that earlier Supreme Court rulings had flaws and defended the military’s jurisdiction under the Army Act.
• Justice Mandokhail:
  • Highlighted that joining the armed forces is voluntary and comes with the understanding that the Army Act limits certain fundamental rights.
• Advocate Haris:
  • Argued that fundamental rights are restricted only in cases of criminal conduct and that individuals do not enlist with criminal intent.

Court’s Directions

• Conditional Verdicts:
  • Military courts are authorized to issue sentences, but their implementation is conditional upon the Supreme Court’s final decision on the case.
• Release of Eligible Detainees:
  • The court ordered the release of individuals eligible for leniency.

Next Steps

• The hearing on this case has been adjourned until after the winter break.
• The Supreme Court announced that hearings on petitions related to the 26th Amendment would commence in the second week of January.

This decision highlights the evolving legal discourse on the jurisdiction of military courts over civilians and the balance between national security and fundamental rights.