ICAs against verdict on military courts: Short order from SC CB expected
It is likely that after the arguments of Attorney General for Pakistan (AGP), a seven-judge Constitutional Bench headed by Justice Aminuddin Khan, and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan may pass a short order.
The bench on December 13, 2024 conditionally allowed military courts to pronounce reserved verdicts of 86 civilians who were still in custody for their alleged involvement in the May 9 riots in 2023.
Convictions by military courts: Deliberations under way on right of appeal, SC told
Following the permission the military courts on December 21, 2024 sentenced 25 civilians to prison terms ranging from 2 to 10 years for their involvement in violent attacks on military installations during the May 9 riots. A week later, another 60 civilians were handed jail terms ranging from two to 10 years for their involvement in the nationwide riots. On January 2, the mercy petitions of 19 convicts involved in the May 9 cases were accepted on humanitarian grounds.
However, the Inter-Services Public Relations (ISPR) on January 2, 2025 in a statement announced that a total of 67 convicts had submitted mercy petitions, with 48 of these petitions processed to Courts of Appeal. It added that the petitions of 19 convicts had been accepted 'purely on humanitarian grounds, in accordance with law.
AGP Mansoor Usman Awan on the last hearing had submitted that he would provide further detail of May 9 incidents. He said the second part of his arguments would address the assurances given during the hearing of the main case, while the third point would pertain to the right of appeal. The AGP told that he would complete his arguments within 45 minutes.
The Attorney General informed that granting the right of appeal to those facing military trials was a policy matter, and that he would present submissions on the matter after seeking instructions. He stated that due to Indus canals and India's recent actions following Pahalgam he remained busy.
Justice Jamal Khan Mandokhail remarked that Parliament could make whatever policy decisions it deemed fit, whether to amend the Pakistan Army Act or not, but the court's focus would remain limited to the present case.
The Attorney General said he had merely presented his submissions, and that it was up to the court to decide whether to grant additional time. He further pointed out that the relevant provisions in the Military Act had existed since 1967.
Copyright Business Recorder, 2025
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