The Supreme Court has granted conditional permission to military courts to announce the verdicts of the accused. The constitutional bench, led by Justice Aminuddin, heard intra-court appeals challenging military court decisions, with Defense Ministry’s lawyer Khawaja Haris presenting arguments. During the proceedings, the Supreme Court’s constitutional bench discussed whether the nullified provisions of the Army Act comply with the Constitution and whether amendments to the Army Act could encompass individuals outside its scope. The Court’s focus on this issue comes as the military courts seek to announce their verdicts on the pending cases.
Justice Mohammad Ali Mazhar raised a query about the reasons for nullifying provisions in previous judicial decisions. Khawaja Haris explained that there were flaws in the Supreme Court’s decision. Justice Mazhar also referred to his request for details regarding the May 9th events, but for now, the case seemed confined to the Corps Commander House incident. He asked if the case should remain limited to this particular matter. The Additional Attorney General confirmed that all details had been received and would be submitted separately.
Justice Musarat Hilali, part of the constitutional bench, asked about the status of trials conducted under provisions now declared null and void. The lawyer from the Defense Ministry replied that judgments made under these provisions are usually protected until they are officially nullified. The Court expressed concerns about the fairness of this approach for defendants who were tried under these provisions before they were nullified. The Supreme Court’s constitutional bench emphasized its role in ensuring fairness in the judicial process.
Justice Jamal Mandokhail stated that joining the Pakistan Armed Forces is voluntary, and individuals know that they will be subject to the Army Act, which limits their fundamental rights. Khawaja Haris clarified that no one enlists with the intention of committing crimes, and fundamental rights are suspended only after committing a crime. The Court focused on whether the review of the case would only cover the appellant’s request or extend to other aspects of the military court decisions.
At the end of the hearing, the Supreme Court’s constitutional bench granted permission for military courts to announce verdicts for 85 defendants. However, the verdicts are conditional, based on the Supreme Court’s decision in the ongoing case. Defendants who qualify for sentence reductions are to be released, while those who cannot be released should be transferred to prison after their sentencing. The Court adjourned the case until after the winter holidays, awaiting further developments.
