The Supreme Court of Pakistan’s Constitutional Bench has reserved its ruling on the high-profile case challenging the military trials of civilians, with a brief order expected later this week. The seven-member bench, led by Justice Aminuddin Khan, heard final arguments on the intra-court appeal contesting the verdict that had previously blocked such trials.
Attorney General for Pakistan Mansoor Usman Awan detailed events from May 9, 2023, when 39 military sites were attacked across the country following the arrest of former Prime Minister Imran Khan. He emphasized that while the violence may have been a reaction, it was premeditated and cannot be justified, highlighting the country’s sensitive security landscape.
Awan also revealed disciplinary action taken within the military over security lapses, including the forced retirement of a Lieutenant General, a Brigadier, and a Lieutenant Colonel, all without pension or benefits. Additionally, 14 other officers have been sidelined from future promotions.
When questioned by Justice Jamal Khan Mandokhail about criminal proceedings against any officers, Awan clarified that no criminal offenses had been established, and the actions taken were strictly disciplinary.
The case revolves around the controversial decision to try civilians in military courts after violent protests erupted in May 2023, targeting key military installations such as the Corps Commander House in Lahore and the GHQ in Rawalpindi. Over 100 Pakistan Tehreek-e-Insaf (PTI) members were arrested, with their cases transferred from anti-terrorism courts to military courts, sparking legal challenges.
Initially, in October 2023, a five-member bench ruled military trials of civilians unconstitutional. However, after the 26th Constitutional Amendment, a seven-member bench resumed hearings in December 2024 and later granted conditional permission for military courts to issue verdicts pending the Supreme Court’s final judgment.
Since then, 85 PTI activists have been sentenced to two to 10 years of rigorous imprisonment. The military later accepted mercy pleas from 19 of them on humanitarian grounds.
The Supreme Court bench has consistently noted in various hearings that military trials of civilians are not outright unlawful if offenses fall under the Army Act. Justices have remarked that, under both domestic law and international norms, such trials are permissible in specific cases.
This ruling, once announced, will have significant implications for Pakistan’s legal landscape and the balance between civil rights and national security.
