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Supreme Court: Suspension of Civilian Trials in Military Courts

13 December, 2023 16:01

Islamabad: The Supreme Court’s decision to nullify the trial of civilians in military courts has been suspended, saying that the trial of those detained in the May 9 incidents will continue.
The Supreme Court suspended the decision of the five-member bench, and declared that the trial of the detained accused in the May 9 incidents will continue.
In the Supreme Court, a hearing was held on intra-court appeals against the decision to nullify the trial of civilians in military courts.

Justice Aminuddin Khan, Justice Mohammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musrat Hilali and Justice Irfan Saadat Khan are also part of the bench.
When the hearing of the case began, Justice Sardar Tariq refused to leave the bench over the objections, and remarked that the lawyers should read the judgment of Justice Jawad S. Khawaja.
Lawyer Aitzaz Ahsan took the stand that the court should hear the objections first.
During the hearing, defense ministry lawyer Khawaja Haris said that civilians include people like Kulbhushan Yadav, the jurisdiction over civilians was already limited in the Army Act, the provisions related to civilians cannot be repealed.

Read:Military trials : Supreme Court to hear intra-court pleas against military trial verdict on Dec 13
Justice Sardar Tariq Masood said that the detailed decision has not come before us, should we give the decision without seeing the detailed decision.
Lawyer Khawaja Haris said that let the trial of those who are in military custody continue, every civilian is not being tried in military courts, only those civilians who are a threat to national security will be tried in military court.
Justice Sardar Tariq Masood said that it has to be seen what opinion has been given in the judgment on these points.
Lawyer Khawaja Haris said that if we have to wait for a detailed decision, then the court order should be suspended. 104 people have been in the custody of the army for 7 months. It would be appropriate for the accused to complete their trial.
The court inquired whether the trials had been completed.
On which the Attorney General said that some of the accused were indicted and some were to be charged, many of the accused may be acquitted, and those who were punished will not be more than 3 years.
Justice Muhammad Ali Mazhar said on this that how do you know that the sentence will be less than 3 years? On which the Attorney General said that the detention period of the accused will also be a part of the sentence in case of lesser punishment.
Justice Musrat Hilali said on this occasion why they are not giving bail to those who are going to be acquitted.
The court reserved the verdict which was issued after some time.
The court reserved judgment on the petition, and subsequently suspended the trial of civilians in military courts in a reserved judgment.
It should be noted that the Supreme Court had issued a notice to all the parties of the case for today.

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