The Supreme Court on Monday declared null and void the trial of civilians in military courts. The court announced its reserved ruling with a 4-1 majority after hearing the arguments. The apex court declared that the trials of civilians could not be conducted in military courts and that Section 2 (D) (I) was unconstitutional. The Supreme Court bench further issued orders to transfer all 103 cases of May 9 rioters to civil courts as those cases could only be tried in criminal courts. According to statistics,13 petitions had been filed in the apex court calling annulment of those mechanisms while several May 9 rioters currently under trial in the military courts filed petitions urging the apex court for the continuation of their trials in the military courts as they deem the Army courts more transparent, and effective for the compensation of justice.
The saga of military courts has been resonating in all nooks and corners of the country over the past several months after the violent mobs attacked military installations and sabotaged martyrs’ memorials during the heinous acts of violence on May 9. The hateful act of violence attracted nationwide condemnation causing serious rage and grievances in the ranks and files of the Pakistan military, who have always been ready to lay their lives in the defence of their motherland. The Pakistan military leadership intended to trail rioters under the Army Act as some clauses of the Pakistan Army Act and Pakistan Official Secret Act 1923 amended 1968 provide sufficient grounds to trial miscreants under those laws. Meanwhile, the PDM coalition government brought significant changes to both legal frameworks through the Pakistan Army Act Amendment Bill 2023 and the Pakistan Official Secret Act Amendment Bill 2023 to remove legal restrictions in the path of civilians’ trials in the military courts. The trial of 103 May 9 rioters was kicked off in the military courts after President Dr Arif Alvi signed both legislation in mid-August. The controversial legislation and civilian trials in the military courts attracted massive criticism from the civil society and the victim political group, the PTI who reached the apex court to strike down those disputed laws through legal means.
Historically, the role and domain of military courts and military adjudicators are very limited and conditional, while the political nature of the case further complicated the situation and made their work more difficult and controversial. At the helm of prevailing confusion and ambiguity, the competing groups have been involved in satisfying their grudges against each other while the coalition government has tactfully used the May 9 events against its staunch adversary. Over the past months, the unceasing political wrangling between the PDM coalition government and the PTI-led opposition has seriously undermined the country’s economy, national unity, and cohesion.
The critics are of the view that the government must not drag the military into the political issues and rioters should be tried in the Anti-Terrorism Courts (ATC) as they committed violence and terrorism against civilians as well as military targets/ installations. The lawyers’ leaders and human rights activists termed the trials of civilians in the military courts unconstitutional and filed petitions in the apex court to revoke the government’s decision. Realistically, the case of rioters’ trials in the military courts is a complex issue, that needs an evaluation from several perspectives including the determination of its legality, the contradiction to fundamental citizenry rights, accused rights to appeal in the higher courts along with the judicial appreciation of the provisions of the Army Act in the light of May 9 events and overall scenario in the country.
The senior judiciary also considers the military courts a risk to its independence and a serious hazard to civilian supremacy in the country. The bar and civil society have been urging the apex court to protect its domain and not to backtrack from its constitutional role as the trials of civilians in the military courts do not meet international standards, violate the people’s right to a public hearing, fair trial, and judgment amid heightened confidentiality and an opaque trial of the accused. Finally, the apex court has announced a historic verdict by striking down the military courts and transferring the cases of May 9’s rioters to criminal courts while upholding the constitution and civil liberties. In fact, the rule of the law is above each and everything that must be upheld in all cases, during emergencies, natural disasters and even war, because it is the only way forward to rise in the comity nations in this universe.
