SC nullifies military trials of May 9 riots accused.

ISLAMABAD -- In a landmark decision, the Supreme Court of Pakistan Monday declared the military trials of civilians arrested in the wake of violent protests in the country on May 9 null and void.

In a 4-1 majority ruling, the apex court said that the trial of May 9 suspects would be conducted in ordinary courts. However, Justice Afridi disagreed with the majority verdict.

A five-member larger bench, headed by Justice Ijaz ul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik heard about a dozen petitions challenging the trials of civilians by the military courts.

Justice Ijaz, Justice Munib, Justice Mazahar and Justice Ayesha held the sub clauses of Section 2(1)(d) of the Act ultra vires the Constitution, while Justice Yahya disagreed with them.

The written order said; 'Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons who were identified in the list provided to the Court by the learned Attorney General for Pakistan by way of CMA No.5327 of 2023 in Constitution Petition No.24 of 2023 and all other persons who are now or may at any time be similarly placed in relation to the events arising from and out of 9th and 10th May, 2023 shall be tried by Criminal Courts of established under the ordinary and/ or special law of the land in relation to such offences of which they may stand accused.' The bench added, 'It is further declared that any action or proceedings under the Army Act in respect of the aforesaid persons or any other persons so similarly placed (including but not limited Constitution Petition Nos.24, 25, 26, 27 and 28 and 30 and 35 of 2023 6 to trial by Court Martial) are and would be of no legal effect.'

'Justice Yahya Afridi reserves judgment as to para (i) above, but joins the other members of the Bench as regards paras (ii) and (iii),' stated the order. However, the verdict can still be appealed before a full court by the state. A six-judge bench, which included former chief justice of Pakistan (CJP) Umar Ata Bandial, had been hearing the petitions since June. However, after Justice Bandial's retirement, the bench was reduced to five judges.

On Sunday, at least nine accused facing trials under the Army Act had moved the apex court for early conclusion of their cases by the military courts. In their separate applications, the suspects pleaded that they had complete faith and...