Islamabad, Pakistan—In a significant development, Pakistan’s Supreme Court on Wednesday announced its decision to reconstitute the panel of judges overseeing the case related to the trial of civilians in military courts. The matter has drawn national attention due to its implications on the country’s judicial process and the separation of military and civilian jurisdictions.
The case involves over 100 civilians who are being tried for their alleged roles in violent attacks on army installations during the riots that erupted after former Prime Minister Imran Khan’s arrest on May 9 last year. These individuals were initially set to face military tribunals, but the Supreme Court had ruled against this practice in an October 2023 decision, stating that they should be tried in criminal courts.
Despite this, a new development occurred on December 13 when the court, in a 5-1 majority verdict, allowed military trials to proceed, with the final judgment pending the adjudication of the intra-court appeals (ICAs). During Wednesday’s hearing, a counsel requested that a larger bench, comprising nine judges, be constituted to hear the ICAs. The court agreed, referring the matter to the three-judge committee under the Practice and Procedures Act 2023 to reconstitute the bench.
Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) party has been vocal in its opposition to military trials for civilians. PTI leader Ali Muhammad Khan, speaking at a press conference in Islamabad, urged the Supreme Court to quash the military court proceedings and insisted on a civilian judiciary’s involvement in such cases. He emphasized that it had been almost a year since the arrests following the May 9 riots, with the accused still in military custody.
Barrister Abuzar Niazi, a member of PTI’s legal team, reiterated that military courts for civilians were unconstitutional, citing Pakistan’s constitution, which stipulates that trials should be conducted by judicial officers. “There is a consensus across Pakistan that civilians should not have a military trial,” Niazi stated. As the case progresses, all eyes are on the Supreme Court to see how it will navigate this contentious issue.
