Supreme Court Grants Military Courts Permission to Announce Verdicts

The Supreme Court of Pakistan’s constitutional bench, led by Justice Amin-ud-Din, has authorized military courts to announce verdicts in cases involving 85 individuals, with certain conditions applied.

The court clarified that the decisions made by military courts would be subject to the final judgment in an ongoing case in the Supreme Court. It was further instructed that those eligible for leniency should have their sentences reduced or be released, while others would serve their terms in jail.

Justice Jamal Mandokhail raised a critical question: “Will the Supreme Court only address the specific pleas of the appellants, or can it also review other aspects of the case?” Justice Amin-ud-Din responded that while parties may restrict themselves to their petitions, the court is not bound by such limitations.

The bench postponed all other cases, choosing to prioritize the hearings related to military courts.

During the session, Khawaja Haris, representing the Ministry of Defense, presented his arguments. Justice Mandokhail questioned the validity of the amendments to the Army Act under constitutional provisions, noting that the Army Act of 1973 predates the Constitution itself.

Justice Mandokhail inquired, “If an attack occurs on military property, would the trial automatically fall under military courts?” Justice Muhammad Ali Mazhar added, “What are the reasons for invalidating certain clauses in the Army Act?”

Khawaja Haris referred to flaws in prior judgments, prompting Justice Mandokhail to caution against using language that undermines judicial dignity. Haris apologized for his choice of words.

The court also requested detailed information on the events of May 9, including those related to the attack on the Corps Commander’s house. Additional Attorney General submitted that detailed records had only been received this morning and would be submitted separately.

Justice Amin-ud-Din expressed the court’s intent to expedite rulings on special court cases, including challenges to the 26th Constitutional Amendment, which are scheduled for January’s second week.