No military trials

SC’s unanimous decision to try civilians under ordinary criminal laws is a step towards civil polity

The Supreme Court’s unanimous decision to try the civilians under ordinary criminal laws, and not by the military courts, is a step towards civil polity. It has nullified the impression that an organ of the state wants to encroach upon the fundamental rights. The majority decision of 4-1 ruled that the ‘ongoing’ trial of all those arrested on May 9 is null and void, and only the civil courts are competent to try them. The apex court had earlier stayed the proceedings of those in custody of army personnel, dilating that it infringes upon citizens’ rights enshrined under the Constitution. In a quick-fix on Monday, the five-member bench focused on the maintainability of the case and held that the trial of civilians under Section 2D(i)(ii) of the Army Act is unconstitutional.

As many as 103 persons are presently booked for lawlessness, and on serious charges of damaging state property. While their acts, per se, fall under state terrorism and utter disregard to the armed forces, as security forces installations were destroyed, it was deemed fit to try them under military courts. This is why perhaps the Attorney General argued before the honourable bench that the accused were both citizens and members of other organisations, and shall be tried under a ‘dual legal framework’, adhering to the Army Act and civilian court standards. He also went on to plead that the accused would be indicted, ensuring the due-process requirements of a criminal case. But the state narration was found to be contrary to the canons of civil liberties by the Lords, and they ruled solemnly that it is not a viable option.

The decision has come at a time when political quarters have called for pardoning the civilians arrested on May 9, and to treat them with compassion for the sake of national integration. The military authorities too to this day had kept their word and desisted from initiating summary trials, which is an appreciated omen. Let this blot of May 9 come to a pass, and competent civil courts look into the merit of charges profoundly to dispense justice as per law.

Published in The Express Tribune, October 24^th, 2023.

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