The Supreme Court has declared that the trial of civilians in military courts cannot be conducted in military courts. It declared Section 2(D)(1) of the Army Act unconstitutional by a majority of 4-1.
The court has ruled that the 102 civilians accused of May 9 violence cannot be tried in military courts and their cases should be heard in civilian criminal courts.
Earlier today, the court had reserved its judgement in the case.
A five-member bench, headed by Justice Ijazul Ahsan, took up the case today. The bench also included Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahar Ali Akbar Naqvi.
The court disposed of nine petitions against the trial as withdrawn.
Attorney General for Pakistan Mansoor Usman Awaz, and petitioners’ lawyers Latif Khosa and Salman Akram Raja are also present in court. Also present is Ahmed Hussain, the lawyer for petitioner, former chief justice of Pakistan Jawad S Khawaja.
The AGP said he would like to apprise the court of why a constitutional amendment was not necessary in this case, as well as talk about Article 175.
The trial of those accused of May 9 violence will be held in the military courts on the style of civil courts, testimonies will be recorded, and the decision contain detailed reasons.
The case of attacks on unauthorized areas and buildings can also be tried in military courts, the AGP said.