ISLAMABAD:
The constitutional bench of Pakistan’s Supreme Court, with a fresh six-month extension, is expected to resume hearings on the legality of military courts’ trials of civilians after the winter recess. These trials have been a contentious issue following the convictions of PTI activists.
In October 2023, the larger bench, led by Justice Ijazul Ahsan, ruled that civilian trials in military courts were unconstitutional, prompting the government to file appeals. Later, the bench, led by Justice Sardar Tariq Masood, suspended the decision and allowed military courts to continue with the trials. The constitutional bench has not yet issued a significant ruling on the matter.
The government, satisfied with the bench’s performance, secured a six-month extension from the Judicial Commission of Pakistan (JCP). However, there are concerns among legal experts about the pace of the bench’s decisions. Lawyers have expressed skepticism about the bench’s ability to resolve this matter quickly, especially amid international criticism of the trials from the United States, the European Union, and the United Kingdom.
Advocate Abdul Moiz Jaferii criticized the trials, arguing that civilians accused of rioting should not be tried by the military. He noted the lack of a meaningful decision on the issue and emphasized the negative impact of military courts on due process.
On the other hand, Hafiz Ehsaan Ahmad defended the trials, citing their history since 1975, and argued that they are consistent with Pakistan’s military laws. He dismissed foreign criticism as interference in Pakistan’s internal affairs, asserting that military trials had been upheld by the country’s high courts and that final decisions on these matters would rest with the Supreme Court.
The debate continues as the constitutional bench prepares to address the legality of military trials for civilians, with all eyes on the court’s final ruling.
