The Constitutional Bench of Pakistan’s Supreme Court, reviewing appeals against the October 23, 2023, order that declared civilian trials by military courts illegal, raised questions regarding the process used to transfer accused individuals to military courts following the May 9, 2023 violence.
Justice Naeem Akhtar Afghan, a member of the seven-judge bench, questioned how anti-terrorism courts (ATCs) handed over cases to military courts without providing clear, reasoned orders. “How did the ATC hand over the accused to the military?” he asked during Monday’s hearing. The bench was reviewing the legality of the October order, which had declared the trial of 105 civilians involved in the May 9 violence illegal.
The Court had previously suspended its October ruling on December 13, allowing military courts to proceed with trials but preventing them from announcing any final verdicts while the appeals were pending.
Justice Musarrat Hilali raised further questions about whether military officers had officially declared their residences as offices, an issue that seemed to have arisen after the May 9 violence. Additionally, she questioned the impact of allowing military courts to pronounce verdicts before higher courts have reviewed the cases.
In a related matter, former Chief Justice Jawwad S. Khawaja’s petition to delay proceedings until challenges to the 26th Amendment were resolved was rejected, with a Rs 20,000 fine imposed for delaying the case.
The bench also instructed the government to submit a detailed report on the killing of journalist Arshad Sharif, highlighting ongoing legal processes in Kenya related to the case.
