Aitzaz urges prompt military courts review

Requests SC to prioritize intra-court appeal in upcoming judicial week starting March 18

ISLAMABAD:

Senior lawyer Aitzaz Ahsan has filed an application in the Supreme Court, urging it to resume proceedings on an intra-court appeal lodged by the federal government against the decision of the apex court barring the trial of alleged May 9 rioters in military courts.

The application, submitted through PTI leader and renowned lawyer Sardar Latif Khosa, asserts that the trial of civilians by military authorities is a significant issue that warrants swift resolution. It implores the court to schedule the intra-court appeal for hearing during the judicial week commencing from March 18.

Last year, the former PML-N-led federal government endorsed the military commander’s decision to prosecute the rioters—purportedly mostly PTI activists—who had vandalized state and army properties and memorials following the arrest of former prime minister Imran Khan on May 9, 2023.

Several petitioners, including Aitzaz Ahsan, contested the decision in the Supreme Court, where a five-member larger bench invalidated these trials on October 23, 2023. The bench directed the authorities to conduct the trials of such accused individuals in ordinary courts.

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In its short order, the bench had also deemed Section 2(1)(d) of the Army Act, 1952—elaborating on persons subject to the act—as violative of the Constitution and "of no legal effect."

Additionally, the court had declared Section 59(4) (civil offences) of the act unconstitutional. However, Justice Yahya Afridi, a member of the bench, had dissented on striking down these sections.

Later, the federal government lodged an intra-court appeal against the verdict, and on December 13, 2023, a six-member SC bench admitted the appeal for hearing, suspending the October 23 verdict.

However, the bench has yet to hear the case. One of the members of the six-member bench, SC’s Senior Puisne Judge Sardar Tariq Masood, has, however, recused himself from hearing the case in view of an objection raised by one of the petitioners. Masood is already set to retire on March 8 (today).