March 28. 2024
By BILAL BASEER
ISLAMABAD:
The Supreme Court on Thursday conditionally allowed military courts to announce reserved verdicts in cases involving civilians accused for participating in May 9, 2023, riots.
Headed by Justice Aminuddin Khan, a six-member larger bench conducted the hearing. The bench included Justice Muhammad Ali Mazhar, Justice Hassan Rizvi, Justice Shahid Wahid, Justice Musarrat Hilali and Justice Irfan Saadat Khan.
The court issued the decision while hearing a set of intra-court appeals (ICAs) challenging its unanimous ruling on October 23, which nullified the military trials of civilians implicated in the May 9 riots.
Attorney General Mansoor Usman Awan informed the court that overall, 105 accused are in the custody of the military, while there is possibility of releasing 15 to 20 accused from military courts. He said those acquitted or given lesser sentences will be granted relief by the army chief.
Attorney General stated that the accused will have to go through three stages for release. The first stage involves a secure decision, the second will be its confirmation, and the third stage will include granting relief to those with lesser sentences by the army chief.
Attorney General requested permission to announce decisions in military courts, to which Justice Aminuddin Khan said that even if permission is granted, it will be subject to final decisions on appeals.
Justice Hassan Azhar Rizvi inquired about the names of those to be released. Attorney General replied that he cannot disclose names until decisions are made in military courts. He informed the court that those sentenced to one year will be granted relief.
Senior lawyer Aitzaz Ahsan said that after hearing the Attorney General’s remarks, he feels disheartened – as the military courts conducting trials do not have an army chief.
“If the army chief has not heard the case, how can he give final approval for the release of the accused. It is unconstitutional for the army chief to decide on the release of the accused,” he said.
Attorney General provided evidence that according to the Army Act, it is necessary to obtain final approval from the army chief.
The court issued an order for the release of 15 to 20 accused after the March 28 hearing. Justice Muhammad Ali Mazhar remarked that efforts should be made to release them three or four days before Eid. Attorney General responded that they will try.
Lawyer Faisal Siddiqui warned that they should not be released only to be arrested again under the Terrorism Act.
Later, the court adjourned the hearing of the case seeking details of those receiving sentences of less than three years until after Eid, approximately in last week of April.
On October 23, a five-member bench of the Supreme Court declared the military trial of the 102 civilians arrested following the May 9 protests null and void.
The top court had declared that the accused would not be tried in military courts but in criminal courts of competent jurisdiction established under the ordinary or special law of the land.
On December 13, in a 5-1 majority verdict, the SC conditionally suspended its Oct 23 ruling, pending a final judgement as it heard a set of ICAs.
The then-caretaker federal government as well as the provincial governments in Balochistan, Khyber Pakhtunkhwa and Punjab had filed the appeals against the verdict. Sindh had denied filing a purported plea on the same matter and was not included among the petitions taken up earlier. The defence ministry had also moved an ICA, requesting the apex court to suspend the verdict’s operation during the pendency of the appeal.
In January, a petition was filed by Faisal Siddiqui on behalf of some of those challenging the trials to restrain federal and provincial governments from engaging a private counsel to plead the matter.
On Jan 29, Justice Sardar Tariq Masood, who has since retired, referred the ICAs back to a three-judge committee for the constitution of a larger bench.
Earlier this month, former CJP Jawwad S. Khawaja, who is one of the petitioners to challenge the military trials, had requested the apex court for an early hearing of the appeals, contending that the continued presence of civilians in military custody was “beyond compensation”.
On March 25, the SC had asked the federal government for information about how many of the civilians allegedly involved in the May 9 violence have either been awarded short jail terms by military courts, or waiting to be released under Section 382-B of the CrPC, or straight away acquitted.
During the same hearing, Khyber Pakhtunkhwa Additional Advocate General Syed Kauser Ali Shah had submitted a letter, written to him by KP Advocate General Shah Faisal Utmainkhel, expressing the provincial government’s intention to withdraw the appeal against the Oct 23 ruling.