Military trial fate

Pakistan's Supreme Court interim order on military courts provides clarity on civilian trials.

The constitutional bench's interim order to allow the military courts to pronounce verdicts on civilians in its custody could be seen as a workable interlude. It will certainly help end the ordeal of 100 or so non-military citizens in custody, enabling them to seek their right of appeal at appropriate civilian forums. Though the Supreme Court bench could have upheld the October 23, 2023, decision wherein a five-member bench had unanimously declared that "trying the accused civilians in military courts violated the Constitution", it did not do so for reasons of undisclosed propriety. But the seven-member bench on Friday set the ball rolling by, at least, putting an end to continued detention of civilians with the military, by making them sit in judgment, and to be subsequently challenged in civilian courts as per law.

Out of the 103-odd citizens arrested in the wake of the May 9, 2023 vandalism, allegedly against army installations, 85 still have their fingers crossed as their trial and sentencing, whatsoever, is in limbo pertaining to a stay order from the apex court barring the army authorities from taking a call. Thus, Friday's order provided breathing space and also addressed the standoff by asking the military to go ahead and decide on it.

The bench, likewise, went ahead with a clarity that the verdicts of the military courts would be subject to its final decision on the appeals against the Oct 23, 2023 ruling. It was also observed by Justice Aminuddin Khan, the head of the bench, that "suspects who can be accorded concessions in their sentences, should be given so and released; and suspects who cannot be released should be moved to jails once their sentence has been pronounced." In toto, the interim order on Friday has shown a way out of the pestering litigation quagmire, providing protection against double jeopardy.

It's time the legal altercation and the political puzzle associated with it came to an end. The fundamental rights of the accused under detention should be upheld, and the accusations against them should come to a lawful end in all civility.