ISLAMABAD: The Supreme Court judges have questioned the government’s rationale for trying civilians in military courts while cases of others involved in the same incident are being tried in anti-terrorism courts.
“In the May 9 incidents, cases against 103 accused were tried in military courts, while the rest are being tried in anti-terrorism courts,” Justice Naeem Akhtar Afghan said during the hearing on Thursday.
The remarks came as the constitutional bench headed by Justice Amin-Ud-Din Khan heard intra-court appeals against trying civilians in military courts.
The top court, in its unanimous verdict by a five-member bench, on October 23 last year, declared civilians’ trials in military courts null and void and ordered that 103 suspects be tried in civilian courts.
However, on December 13, 2023, a six-member bench of the apex court — with Justice Musarrat Hilali differing with the majority — suspended its October 23 order on petitions challenging the earlier verdict, which was then challenged.
But after a hiatus, the constitutional bench in December last year had conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were still in custody for their alleged involvement in the May 9, 2023, riots.
The May 9 riots refer to the violent protests triggered by the arrest of the PTI founder in a corruption case, during which state installations, including the General Headquarters, were also attacked.
