Trial In Final Phases Of 9th May Accused
According to a confidential source, the Supreme Court, while temporarily setting aside its previous decision to nullify the military trials of the 103 civilians, has conditionally permitted the ongoing trials. The court explicitly stated that the military courts cannot issue verdicts against the suspects until the Supreme Court issues a final ruling on the matter. Notably, the Supreme Court had adjourned the hearing of the case until the third week of January 2024 during a session held in mid-December of the previous year.
The decision that allowed the military trials to proceed was reached by a six-member bench, with a majority 5-1 verdict. This outcome followed a series of intra-court appeals filed by the caretaker federal government and the provincial governments of Balochistan, Punjab, and Khyber Pakhtunkhwa, challenging the earlier unanimous ruling that invalidated the military trials. The bench, headed by Justice Sardar Tariq Masood and including Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan, is responsible for overseeing these proceedings.
In October 2023, a five-judge bench of the Supreme Court, led by Justice Ijazul Ahsan, declared the trial of civilians in military courts null and void. The court ordered that the 103 accused individuals involved in the violence on May 9 and 10, 2023, be tried under ordinary criminal laws. The bench, consisting of Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik, also declared certain clauses of the Army Act as ultra vires the Constitution and of no legal effect.
This verdict, which invalidated the military trials and struck down longstanding provisions of the Army Act, raised concerns within the government. The invalidated provisions had been a part of the statute for over five decades, affecting not only the trial of civilians but also hindering the military courts from prosecuting foreign spies and terrorists such as Kulbhushan Yadhav.
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