LEGAL

SC Reserves Verdict on Military Court Trials for Civilians

SC reserves judgment on intra-court appeal against military trials of civilians. AGP states 39 military sites attacked on May 9; 3 senior army officers retired without pension for negligence.
2025-05-05
SC Reserves Verdict on Military Court Trials for Civilians

The Supreme Court of Pakistan on Monday reserved its verdict on the intra-court appeal challenging the decision to try civilians in military courts, following the violent events of May 9.

The case was heard by a seven-member constitutional bench headed by Justice Aminuddin Khan. Attorney General of Pakistan (AGP) Mansoor Awan presented his concluding arguments, shedding light on the scale and coordination of the May 9 violence and the military’s internal response.

Awan told the court that between 3 pm and 7 pm on May 9, a total of 39 military installations were attacked across the country. He said 23 of these were in Punjab, 8 in Khyber Pakhtunkhwa, and 1 in Sindh, indicating a "systematically prepared" operation. “Even if this happened in reaction, such actions cannot be tolerated,” he asserted, adding that Pakistan’s strategic geography subjects it to unique security threats.

Highlighting internal military accountability, the AGP informed the court that the army had taken departmental action against senior officers for negligence in preventing the attack on Lahore’s Jinnah House. A Lieutenant General, Brigadier, and Lieutenant Colonel were forcibly retired without pension or benefits. Additionally, the promotions of 14 other officers were halted due to poor performance during the crisis.

Justice Jamal Mandokhel inquired whether criminal charges were also filed against any officers. The AGP responded that criminal proceedings were not pursued, as the action taken was administrative, not judicial, since no crime was formally established.

Justice Mandokhel remarked that under the Army Act, criminal penalties can accompany departmental actions, prompting debate over the legal sufficiency of the response. The AGP replied that the officers were penalized for "showing restraint" rather than committing overt criminal acts.

Following the arguments, Justice Aminuddin Khan announced that the Supreme Court has reserved its decision, and a summary verdict will be delivered later this week.

The case is of high national importance, as it concerns the legality and constitutionality of trying civilians in military courts — a move that has sparked criticism from human rights organizations and political activists alike after the May 9 unrest, which followed the arrest of former Prime Minister Imran Khan.