Military Courts Granted Conditional Authority to Deliver Reserved Judgments

The Supreme Court of Pakistan has conditionally allowed military courts to deliver their reserved judgments, subject to specific conditions.

Chaired by Justice Aminuddin Khan, a six-member bench presided over a hearing on intra-court appeals regarding civilian trials in military courts. Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan comprised the remaining members of the bench.

A significant directive from the Supreme Court was to issue judgments solely in cases where the nominated individuals could be released before Eid.

Additionally, it instructed the government to release 15 to 20 detained individuals, urging their expedited release three to four days before Eid.

Upon Attorney General for Pakistan (AGP) Mansoor Usman Awan’s assurance of efforts towards prisoner release, Justice Mazhar emphasized the importance of preventing re-arrest under the Maintenance of Public Order (MPO) post-release.

The court’s ruling specified that permission to deliver judgments would be provisional pending a final decision on the appeals, and mandated the AGP to submit an implementation report to the court registrar.

The Supreme Court also granted the Khyber Pakhtunkhwa government’s request to withdraw its appeals, adjourning the case hearing until the fourth week of April.

During the hearing, the court requested details on individuals sentenced to less than three years, with the AGP noting that they would receive statutory concessions in their sentences.

Previously, the AGP had mentioned the potential release of 15 to 20 individuals involved in the May 9 violence, with 20 suspects possibly being released before Eid. However, he outlined the need to complete three stages for their release, including issuing reserved judgments, verdict ratification, and concessions by the army chief for those with shorter sentences.

The AGP sought permission from the court for military courts to announce their reserved judgments, with Justice Aminuddin Khan noting that any permission granted would be subject to the final decision on the appeals.

The AGP informed the court that individuals sentenced to less than a year in prison would receive concessions.