The Supreme Court (SC) has taken steps to address appeals regarding the annulment of civilian trials in military courts by accepting requests for the formation of a larger bench. Led by Justice Aminuddin, the six-member bench, including Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musrrat Hilali, and Irfan Saadat Khan, considered the pleas during the hearing. The application, brought forward by former CJP Jawad S. Khawaja’s lawyer, cited notes from Justices Afridi and Mansoor Ali Shah as grounds for a larger bench.
During proceedings, questions arose about the influence of these notes on the current bench. Justice Muhammad Ali Mazhar clarified that Justice Afridi’s observations were restricted to the final verdict. The lawyer highlighted the risk of pleas being dismissed if the bench delivered a split 3-3 decision, prompting Justice Mazhar to suggest the possibility of convening a larger bench.
Following these discussions, the SC accepted requests for a nine-member or larger bench, forwarding the matter to the judges’ committee. In a previous hearing, the court had sought details from the attorney-general regarding individuals sentenced to three years in military courts. Furthermore, 20 accused, previously sentenced to one year in jail, were ordered to be released before Eid, with their details submitted to the SC.
The decision to conduct military trials stems from violent clashes nationwide on May 9, sparked by the arrest of a former prime minister at the Islamabad High Court. Subsequently, the government opted for military court trials for those implicated in attacks on military installations during the unrest. This move led figures such as Imran Khan, Jawwad S Khawaja, Aitzaz Ahsan, and civil society members to challenge the constitutionality of military trials before the apex court.
