Pakistan's top court allows trial of civilians by military courts

Islamabad: Pakistan Supreme Court (SC) Wednesday allowed trial of civilians by the military courts, conditionally suspending its October 23 unanimous ruling in which it had nullified military trials of civilians.

A six-member SC bench with a majority of 5-1 announced its verdict on a set of intra-court appeals (ICAs) challenging its previous order. Justice Musarrat Hilali, the only woman judge on the bench, dissented from it.

During the hearing, Attorney General Mansoor Awan urged the court to conditionally allow the military trials of civilian suspects to be resumed.

Accepting the plea, the court allowed that trials of civilians would continue. However, the military courts would not issue a final verdict against the suspect.

It further stated that the final ruling would be conditional upon the Supreme Court’s orders.

On October 23, a five-member SC bench had declared that trying civilians in military courts for their alleged role in attacks on army installations after the arrest of ex-premier Imran Khan’s arrest on May 9 was ultra vires the Constitution.

The caretaker federal government as well as the provincial ones in Balochistan, Khyber Pakhtunkhwa and Punjab and the defence ministry had moved ICA before the SC against its judgment.

The verdict allows the military authorities to conduct the trial of over one hundred civilians who were handed over to the military authorities for their involvement in the attacks on the military installation on May 9.