
Pakistani Supreme Court on Monday (Oct 23) declared the trial of civilians in military courts in the wake of violent protests on May 9 unconstitutional.
In a 4-1 majority ruling, the five-judge bench said that the suspects' military trial would be conducted in criminal courts in accordance with the nature of the crime.
Notably, the state can still file for a re-appeal before a full court.
Justice Ijazul Ahsan headed the bench comprising Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha A. Malik. Justice Afridi had disagreed with the majority verdict, reports Dawn newspaper.
Following the verdict, one of the petitioners, Aitzaz Ahsan, spoke to the media and termed the order “very important”, adding that it would also strengthen democracy, the constitution and the justice system”, reports Dawn newspaper.
“We were against military courts and we endeavoured against it. The verdict has shown that giving relief is the prerogative of the SC,” he was quoted as saying.
He also alleged that trials had begun even though the government had stated that this would not happen until the apex court was informed.
“The government informed the SC but after the commencement of the trial. The government was supposed to inform before trials [began],” he said.
The riots were triggered by the arrest of former prime minister Imran Khan by paramilitary Rangers on the premises of Islamabad High Court in a corruption case.
These suspects were arrested following the violence on May 9 during which civilian and military installations were specifically targeted.
Around 102 persons were detained for their involvement in the attacks on military establishments, including the General Headquarters in Rawalpindi, corps commander’s residence in Lahore, PAF Base Mianwali, and an office of the Inter-Services Intelligence (ISI) in Faisalabad.
More than 100 vehicles of police and other security agencies were set on fire.
In response, the law enforcement agencies cracked down hard on Imran Khan’s supporters from his Pakistan Tehreek-e-Insaf and arrested over 10,000 members across Pakistan, of which 4,000 of them were from Punjab province only.
The PTI, however, continued to claim that its members were not involved in the attacks, but the government and military rejected it saying they have "irrefutable evidence" of their involvement.
(With inputs from agencies)
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