SC to hear ICAs against military trials on March 25

Larger bench headed by Justice Aminuddin Khan to hear them

ISLAMABAD:

The Supreme Court will take up the intra-court appeals (ICAs) on March 25 against the decision to declare the military trial of 103 people allegedly involved in last year’s May 9 violence as “unconstitutional”.

The ICAs filed by the federal government and another entity will be heard by a six-judge larger bench headed by Justice Aminuddin Khan.

The other judge on the bench will include Justices Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan.

Earlier, the ICAs were heard by a six-judge bench headed by Justice Sardar Tariq Masood. It suspended through a notice the decision of a five-member bench, headed by now retired Justice Ijazul Ahsan, to declare the trial of civilians in military courts as ultra vires the Constitution.

The five-member bench in October last year unanimously declared that civilians would be tried under ordinary criminal laws of the land in relation to such offences.

In its order with a majority of 4-1, that bench held that the trial of civilians under Section 2d(i) and 2d(ii) of the Army Act was “unconstitutional”.

Also read: Military trial of civilians gets SC’s nod

According to Sections 2d(i) and 2d(ii), civilians become subject to the Army Act if they are accused of seducing its officers from their duty or allegiance to the government and can be tried under the Act.

However, in December last year, the SC bench, headed by Justice Masood, stated that the ongoing military trials of the civilians, accused of involvement in attacks on army installations during the unrest following the arrest of deposed premier Imran Khan on May 9, would proceed. It declared that the final decision of the trial of civilians in military courts would be subject to the final ruling. Justice Hilali, who was a member of that bench, however, dissented from the majority view.

Later, Justice Masood on January 29 this year recused from the bench hearing the ICAs as the petitioners raised objections about him.

On Tuesday this week, former top judge Justice Jawwad S. Khawaja moved an application through his counsel, Advocate Khwaja Ahmad Hosain, asking the SC for an early hearing of the appeals against the military trial of civilians.

The top court has now scheduled the hearing of the ICAs on March 25 next week before a six-judge larger bench.