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Sunday, April 28, 2024  
19 Shawwal 1445  

SC allows military trials of civilians, suspends earlier ruling

The court witnesses a dramatic hearing before 5-1 order was issued

A larger bench of the Supreme Court of Pakistan has suspended an earlier ruling of the same court against the military trials of civilians.

After the Supreme Court order on Wednesday military courts in the country can now begin trials of over 100 civilians booked for attacking security installations during the May 9 violence.

Federal and provincial governments had filed intra-court appeals against the earlier decision which barred military trials of civilians.

The top court on Wednesday witnessed a dramatic hearing where Justice Tariq Masood refused to recuse himself from the bench.

Justice Masood presided over the six-member bench that started hearing the appeals against the earlier Supreme Court judgment.

Other judges included Justice Aminuddin Khan, Just Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat Khan.

In a 5-1 majority decision, the top court allowed the military courts to try civilians in cases linked with the May 9 violence against military installations. However, the military courts have been told not to announce final judgments until the Supreme Court completes its hearing of the intra-court appeals.

Justice Musarrat Hilali was the only judge who disagreed with the majority decision. She opposed the interim order.

At least 102 civilians are facing military trials for their alleged involvement in attacks against military installations immediately after PTI leader Imran Khan was arrested on May 9.

Justice Ijaz says military court appeal bench formed without following procedure

Questions were raised on the composition of the six-member bench under Justice Tariq Masood.

When the hearing began on Wednesday, Justice Tariq Masood refused to withdraw from the bench and said that a ruling by Justice Jawad S Khawaja clearly laid out the principle that it was up to a judge whether they want to remain on the bench or not.

Ironically, the objection against the composition of the bench was raised by Justice (retired) Jawad S Khawaja himself in a petition he filed before the Supreme Court.

The judgment against military trials of civilians was pronounced by a five-member bench.

Lawyers Aitezaz Ahsan and Latif Khosa wanted the bench to first hear the arguments about the objection raised against the bench.

The court reserved its decision on the plea and later announced its order.

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