LHCBA, LBA file review petitions in military court’s case verdict

ISLAMABAD: The Lahore High Court Bar Association (LHCBA) and Lahore Bar Association (LBA) have requested the Supreme Court (SC) to set aside its judgment recently delivered, allowing trails of May 9 suspects in the military courts after restoring the clauses of Army Act 1952 which were declared earlier by the apex court ultra vires the Constitution and of no legal effect.

Both the associations filed a review petition in the apex court under Article 188 of the Constitution through its counsel Ajmal Ghaffar Toor with the prayer to allow the instant review petitions and set aside the impugned judgment announced on May 7, 2025, allowing the trial of civilians in military courts after restoring clauses of Pakistan Army Act 1952. They further prayed to the apex court to uphold the earlier decision passed in identical petitions on October 23, 2023, declaring trial of civilians in military courts as unconstitutional. A seven-member constitutional bench of the apex court headed by Justice Aminuddin Khan on May 7, 2025 announced reserved judgment on the Intra Court Appeals (ICAs) of federal government, Ministry of Defence against the apex court judgment that had declared trail of civilians in the military courts as unconstitutional. The Shuhuda Foundation Balochistan as well as government of Punjab and Balochistan had also filed intra Court Appeals against the apex court judgment. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhter Afghan and Justice Shahid Bilal Hassan. The court by majority 5-2 allowed the Intra Court Appeals and set aside the impugned judgment, dated 23.10.2023, rendered by the learned bench of the apex court. “For reasons to be recorded later, subject to augmentation and explication in detail, the aforesaid ICA(s) are allowed by majority of 5 (comprising J Aminud Din Khan, J Muhammad Ali Mazhar, J Syed Hasan Azhar Rizvi, J Musarrat Hilali, and J Shahid Bilal Hassan)”, Justice Aminuddin Khan had announced a short order in the court.

Similarly, Justice Jamal Khan Mandokhail and Justice Naeem Akhter Afghan had dismissed the aforesaid Intra Court Appeals, holding that the convictions and sentences awarded to civilians by the courts martial for the occurrence of 9th May, 2023, are declared to be without jurisdiction, hence, the same are set aside. Justice Mandokhail and Justice Afghan held that the accused under custody shall be treated as under-trial prisoners and their cases stand transferred to the courts concerned of competent jurisdiction for trial. The court had restored the sub clauses (i) & (ii) of Clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 and subsection (4) of Section 59 of the Pakistan Army Act, 1952 that were earlier declared by the apex court judgment in 2023 ultra vires the Constitution and of no legal effect. In its review petitions, both the Lahore High Court Bar Association (LHCBA) and Lahore Bar Association (LBA) have contended that they are aggrieved by the order dated 07.05.2025 (impugned order) passed by this Hon’ble Court in ICA No. 5/2023 in CP No. 24/2023, by a majority of 5:2 whereby the judgment dated 23.10.2023 passed in Constitution Petition No.24 of 2023 and connected petitions were set aside and as a consequence thereof S.2(1)(d)(i) and (ii) and S.59(4) of the Pakistan Army Act, 1952 (PAA) were restored (vide paragraph 2(i) of the impugned order).