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SC conditionally allows military courts to pronounce reserved verdict
The Supreme Court (SC) granted military courts conditional permission on Thursday to announce reserved judgments against civilians facing trial in last year’s May 9 violence cases. The bench, led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Mussarat Hilali, and Justice Irfan Saadat Khan, […]
The Supreme Court (SC) granted military courts conditional permission on Thursday to announce reserved judgments against civilians facing trial in last year’s May 9 violence cases.
The bench, led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Mussarat Hilali, and Justice Irfan Saadat Khan, heard intra-court appeals against the decision of its five-member bench nullifying an earlier apex court decision declaring military trials of civilians unconstitutional.
At a hearing scheduled earlier this week, the apex court decided to amend its stay order prohibiting the announcement of military court verdicts against individuals tried for attacks on military installations since May 9 of the previous year. The bench also sought for today details regarding individuals who were expected to be acquitted of the charges.
During the hearing on Thursday, the AGP informed the court that there were around 20 individuals who could be released before Eidul Fitr and a concessionary reduction of sentence can be applied to those with lesser sentences and those who can be acquitted.
He added that those serving a one-year sentence can also be released early. The law officer said a total of 105 individuals were in the army’;s custody and three phases would need to be completed before their release.
Awan said the first phase would require a reserved decision, the second would entail its validation and the final phase would include the army chief signing off on their release or reduction of sentence.
Later, the AGP sought permission for military courts to pronounce reserved verdicts.
Justice Aminuddin Khan remarked that even if permission is granted to announce the verdicts, it would be subject to the final decision on the appeals.
Justice Hasan Azhar Rizvi inquired about the names of those to be released. However, the AGP replied that the names cannot be revealed until the military courts pronounce the verdicts.
Following these remarks, the apex court gave military courts the green signal to pronounce the judgments with directions to announce verdicts of only those cases where the accused could be released before Eid.
The AGP assured to grant legal exemptions to those with lesser sentences and that the permission to pronounce judgment shall be subject to the final decision on the appeals.
Furthermore, the SC also accepted the Khyber-Pakhtunkhwa (K-P) government’s plea to withdraw the appeals, filed by the caretaker government, challenging the annulment of military trials of civilians.
Besides the court sought details of those sentenced to less than three years.
Justice Muhammad Ali Mazhar asked the AGP to try releasing the prisoners three to four days before Eid, which the AGP assured of. The court adjourned the hearing till the fourth week of April while directing the AGP to submit the implementation report.
