A six-member bench of the Supreme Court convened on Wednesday to deliberate on a crucial matter concerning intra-court appeals (ICAs) challenging the court’s unanimous ruling on October 23, which had invalidated military trials for civilians involved in the May 9 riots.
The bench, led by Justice Aminuddin Khan and comprising Justices Muhammad Ali Mazhar, Syed Azhar Hasan Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan, resumed hearing the appeals but concluded that a larger bench should address the complex legal issues raised by the case. Consequently, the matter was referred to the bench reconstitution committee for further consideration.
The case revolves around the trial of over 100 civilians accused of participating in attacks on army installations during the unrest following the arrest of former Prime Minister Imran Khan on May 9 last year.
In its landmark ruling last year, a five-member SC bench unanimously declared that trying civilian defendants in military courts was unconstitutional. Instead, it directed that the accused be tried in criminal courts established under the ordinary or special laws of the country.
However, on December 13, a different bench, in a 5-1 majority decision, conditionally suspended the October 23 ruling pending a final judgment as it heard a set of ICAs. These appeals were filed by the caretaker federal government and provincial governments in Balochistan, Khyber Pakhtunkhwa, and Punjab, seeking a review of the earlier decision. Notably, Sindh did not file an appeal on the matter.
The legal proceedings surrounding the case have been intricate, with various stakeholders presenting their arguments before the court. In January, a petition was filed urging the court to restrain federal and provincial governments from engaging private counsel to plead the matter.
Additionally, in March, former Chief Justice Jawwad S. Khawaja, who is among the petitioners challenging the military trials, requested an expedited hearing, citing concerns over the continued detention of civilians in military custody.
During today’s hearing, the Attorney General for Pakistan informed the court that 20 suspects had been released ahead of Eidul Fitr and had returned home. However, concerns were raised regarding the legal status of these individuals and the procedural fairness of their trials.
Amidst these discussions, objections were raised regarding the composition of the bench, leading to the decision to refer the appeals to the bench reconstitution committee for further review and consideration.
As the legal proceedings unfold, the Supreme Court remains committed to ensuring a fair and just resolution to this complex and consequential case, which carries significant implications for the rule of law and constitutional rights in Pakistan.
 challenging the court's unanimous ruling on October 23, which had invalidated military trials for civilians involved in the May 9 riots.){kind=link}