May 9 violence cases: SC gives go-ahead to military courts to pronounce certain reserved verdicts

SC allows pronouncement of verdicts of only those cases in which accused might be released before upcoming Eid holiday

By Web Desk
March 28, 2024
Building of the Supreme Court of Pakistan. — AFP/File

ISLAMABAD: Pakistan's Supreme Court on Thursday gave the go-ahead for military courts to announce the reserved verdicts in some cases related to the incidents of violence that transpired on May 9, 2023.

A six-member bench headed by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan heard a set of intra-court appeals (ICAs) against its ruling nullifying the military trials of civilians involved in the May 9 riots.

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The apex court's orders came after Pakistan's Attorney General, Mansoor Usman Awan, requested permission for the military courts to announce verdicts that had already been decided but not revealed (reserved verdicts). The court agreed, but only for cases where the accused might be released before the upcoming Eid holiday.

Towards the end of the hearing today, the court said that the AGP had assured that statutory concessions would be granted to those with lesser sentences, while permission to pronounce judgment shall be subject to a final decision on appeals.

The court also directed the AGP to submit an implementation report regarding the case to the registrar as well as sought details of those who were sentenced to less than three years.

It then adjourned the hearing till the fourth week of April.

During the hearing of the case, Justice Mohammad Ali Mazhar addressed the AGP and said: "Try to release them three to four days before Eid."

"Yes, we will try," Awan said, responding to the SC judge.

Faisal Siddiqui, a lawyer representing one of the clients challenging military trial feared the released could get arrested again under the 3 MPO after coming out.

The AGP said 20 people could be released before Eid. "There are three steps to be followed for the release of 20 persons."

The first step, he stated, was to pronounce the reserved judgement; the second to confirm it; and the third step would be to grant leniency to those with lesser sentences by the chief of army staff.

He added that the acquitted and those with reduced sentences would be released with concessions.

"A total of 105 accused are in the custody of the army," the AGP told the court, requesting permission for pronouncement of reserved verdicts.

"Even if permission is granted, it will be subject to the final decision of the appeals," Justice Aminuddin Khan remarked.

Justice Hasan Azhar Rizvi asked the AGP to name the accused who are to be released. The AGP responded saying that he couldn't say the names until the verdict came from the military courts.

"Those whose punishment is one year will be given a discount," Awan said.

Meanwhile, one of the petitioners and senior lawyer, Aitzaz Ahsan shared his disappointment upon hearing the AGP.

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