SC forms nine-member bench to hear cases against civilian trial in military courts

Islamabad: The Supreme court of Pakistan on Wednesday formed a nine-member bench, led by Chief Justice Umar Ata Bandial, to hear cases pertaining to the trials of civilians in military courts.

The bench headed by Chief Justice Umar Ata Bandial and comprising senior puisne judge Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Naqvi, and Justice Ayesha Malik would hear the pleas.

Earlier, prominent lawyer Aitzaz Ahsan, Justice Jawad S Khawaja, and others, represented by lawyer Salman Akram Raja, approached the Supreme Court on this matter.

Their plea sought the court's intervention to deem the trials of civilians in military courts as "unconstitutional," nullify sections 2 and 59 of the Army Act, and declare section 94 and related rules as unconstitutional.

Additionally, the petitioners requested the court to invalidate the Anti-Terrorism Court's decisions regarding the transfer of civilians to military courts and to order the release of civilians detained under army laws.

On May 9, protests broke out in different cities following the detention of the PTI chief from the Islamabad High Court in the Al Qadir Trust case. During the protests, social media platforms were inundated with videos showing rioting and vandalism at various locations, including the Lahore Corps Commander's residence.

In response to the incidents, the army labeled the day as a "dark chapter" and announced its intention to prosecute the rioters under relevant laws, including the Pakistan Army Act and Official Secrets Act, approximately a week later. The National Security Committee, the primary decision-making body on foreign policy and national security, endorsed this decision a day after its announcement.

Prime Minister Shehbaz Sharif clarified that individuals accused of vandalizing civilian infrastructure would face trial under anti-terrorism laws, while those accused of damaging military property would be subject to military laws.

To date, anti-terrorism courts have granted permission for several suspects to be handed over to the military for trial in connection with the May 9 riots. These approvals have been granted on at least two occasions based on applications submitted by armed forces personnel.