ISLAMABAD – The Supreme Court of Pakistan on Wednesday suspended the October 23 verdict of the apex court declaring the trial of civilians in military court over May 9 violence.
A six-member bench headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin, Justice Hasan Azhar Rizvi, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali and Justice Irfan Saadat announced the majority verdict with 5-1. Justice Hilali dissented from the ruling.
The ruling was announced on petitions moved by the federal government, defense ministry, and provincial governments seeking the suspension of operation of the October 23 verdict order.
However, several petitions were also filed in the SC by former PTI chairman Imran Khan, Aitzaz Ahsan, Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, and former chief justice of Pakistan Jawwad S Khawaja against the civilians trial in military courts.
However, Sc ruled that the decision of the military court would be conditional to the top court’s final verdict.
During today’s hearing, Justice Masood refused to recuse himself from the bench after ex-CJP Khawaja contended that as the former had already expressed his opinion in the case, he should be distance himself from the hearing.
Justice Masood argued that it is up to the judge he recuses himself from the bench or not and “I will not recuse myself from the hearing”.
Barrister Salman Akram Raja argued that the court could not announce verdict without hearing them. At which Attorney General for Pakistan said that how the court could hear their concerns when no notice has been issued.
Later, Justice Tariq reserved the verdict, saying the SC will announce it shortly.
Earlier in October, the Supreme Court announced its verdict by 4-1 in pleas against civilian trials in the military courts. Former prime minister Imran Khan and others moved court against the military trial of civilians named in the May 9 violence.
The petitioners called for the nullification of the court verdict until a decision on the review plea as the accused demanded their trial in military courts.
The interim government also submitted a report to the Supreme Court, in which it mentioned that over 100 citizens were held in the wake of attacks on civil and military installations.
All accused have been detained under the Pakistan Army Act, of 1952, and Official Secrets Act, of 1923.
