New Delhi: In a relief to Pakistani citizens, the country's top court ruled on Monday that military trials of civilians are unconstitutional. The decision comes as a major relief for dozens on trial for ransacking military installations during protests in May after the arrest of former Prime Minister Imran Khan, reported news agency Reuters.
A five-member bench led by Justice Ijazul Ahsan heard the pleas against the announcement by the government that those involved in attacks on military installations on May 9 would be tried under military laws.
In its order, the Supreme Court declared that such proceedings under the Army Act would be of no legal effect, with trials of some 103 people to move to civilian criminal courts.
Earlier on May 9, hundreds of Khan supporters broke into military and government installations, and even torched a general's house, following the former premier's brief arrest by paramilitary soldiers. Imran Khan had accused the military of being behind an attempt to assassinate him.
Notably, the suspects have been in custody since May, according to Reuters.
Petitioner Aitzaz Ahsan, a prominent lawyer and former minister, told media outside the court that its decision was a victory for democracy.
The Supreme Court on Friday announced that it will restart the hearing of the case after a gap of more than two months. The last time a six-judge Supreme Court bench heard the case was on August 3 but a new bench was set up as the previous one was formed by the former chief justice Umar Ata Bandial.
Amid widespread condemnation in Pakistan and abroad, some lawyers had said the military courts do not have the same standards of evidence and process as regular courts, reported Reuters.
Pakistan's Army Act of 1952 established military courts primarily to try members of the military or enemies of the state, and they operate under a separate system.
The decision to use military courts was taken by the government of Khan's rival, Shehbaz Sharif, who has since completed his term in August and handed over to a caretaker government that will oversee an election slated for January.