Justice Jamal Khan Mandokhail raised concerns on Friday regarding the qualifications and expertise of army officers to impose death sentences. His remarks came during the hearing of an intra-court appeal against civilian trials in military courts. The appeal was being reviewed by a seven-member Supreme Court constitutional bench, headed by Justice Amin-Ud-Din Khan.
In an earlier unanimous decision on October 23, 2024, a five-member bench of the Supreme Court declared the trial of civilians in military courts illegal and ordered the transfer of 103 cases to civilian courts. However, a six-member bench suspended this decision on December 13, 2024, with Justice Musarrat Hilali dissenting. Following further appeals, the constitutional bench allowed military courts to deliver reserved verdicts for 85 civilians involved in the May 9 riots.
The May 9 riots erupted after the arrest of the PTI founder in a corruption case, leading to violent protests and attacks on state facilities, including the General Headquarters. Military courts subsequently convicted all 85 accused, though 19 were pardoned after seeking mercy.
During the proceedings, Justice Mandokhail emphasized that the Army Act applies solely to the military, stressing the importance of safeguarding fundamental rights and ensuring justice. Justice Musarrat Hilali questioned the process of drafting military court judgments, noting that decisions on punishments were often made by commanding officers who did not directly hear the cases.
Khawaja Haris, representing the Ministry of Defence, explained that the Judge Advocate General (JAG) Branch assists in drafting judgments and assured the court of providing further details about military trial procedures. Justice Hilali also pointed to a past incident involving the forced diversion of an army chief’s plane, which was not prosecuted under the Army Act. Haris clarified that the Army Act did not cover hijacking offenses.
Justice Mandokhail, citing his 34 years of legal experience, expressed doubts about whether army officers possess adequate expertise to impose death sentences.
Additional Attorney General Aamir Rehman reported that approximately 5,000 individuals were implicated in the May 9 incidents, with 105 facing military court trials based on evidence.
The Supreme Court adjourned the hearing of the appeal until Monday.
