Up to 20 May 9 accused to be freed from army custody

The Supreme Court on Thursday amended its stay order to allow military courts to deliver verdicts in cases related to the May 9, 2023, violence involving civilians. This conditional permission applies specifically to cases where the accused were expected to be acquitted or receive lesser sentences.

A larger bench comprising six judges, led by Justice Aminuddin Khan and including Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan, presided over the matter. They emphasized that the release of innocent individuals or those with minor sentences wouldn't impact the case proceedings.

The bench entertained intra-court appeals challenging the apex court's earlier ruling, which deemed the trial of civilians in military courts illegal. Notably, the bench granted permission for the Khyber-Pakhtunkhwa government to withdraw its intra-court appeal.During the proceedings, the Attorney General for Pakistan (AGP) informed the bench that around 15 to 20 accused could potentially be released based on acquittal or receiving reduced sentences, following a three-stage process involving conviction, confirmation, and pardon from the competent authority.

The AGP clarified that individuals sentenced to less than one year could benefit from relevant legal provisions, while those facing longer sentences would require relaxation from the competent authority.
Responding to the court's inquiry, the AGP stated that the army currently held custody of 105 accused — two more than the previous count of 103 provided earlier. In response, the bench solicited a comprehensive list of all 105 accused.

Read Military trial of civilians gets SC’s nod

Justice Khan indicated the court's willingness to modify the stay order to align with the AGP’s position, allowing potentially released individuals to return home. However, he underscored that this permission remained contingent upon the final decision of the appeals.

During the session, Justice Rizvi sought clarification on which accused might be released. The AGP responded that he couldn't disclose names until the military courts announced their decisions.
Meanwhile, lawyer Faisal Siddiqui, representing a petitioner, urged the court to lift its stay order, arguing that according to the AGP, individuals in military custody couldn't be sentenced to more than three years.

Justice Mazhar countered Siddiqui's argument, highlighting that lifting the stay order would result in cases being transferred to the anti-terrorism court, where convictions under certain sections of the Anti-Terrorism Act could lead to sentences of at least 14 years.

Justice Shahid Waheed clarified that the current proceedings didn't pertain to criminal matters, while Justice Mazhar urged the AGP to expedite releases before Eidul Fitr, to which the AGP agreed.

Siddiqui also objected to the increase in the number of accused and requested assurance from the court that those released from military custody wouldn't be rearrested under the Maintenance of Public Order.

The court instructed that judgments leading to potential releases before Eidul Fitr should be announced and directed the AGP to furnish a list of accused eligible for acquittal. The case was adjourned until the last week of April.