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India
In a landmark decision, Pakistan’s Supreme Court has upheld the legality of military trials for civilians, clearing the way for the prosecution of those involved in the May 9, 2023 protests, which were linked to supporters of the Pakistan Tehreek-e-Insaf (PTI) party, reports suggest.
The decision came after a seven-judge bench, led by Justice Aminuddin Khan, heard appeals challenging an earlier ruling from October 2023 that had banned military trials for civilians. The court’s ruling effectively overturns the previous ban, allowing military courts to prosecute those arrested in connection with the protests.
The May 9 protests erupted following the arrest of PTI leader Imran Khan and saw widespread unrest. Supporters of the PTI took to the streets across Pakistan, leading to violent clashes with security forces. Over 100 protesters were reportedly placed in military custody after the unrest, with many of them accused of vandalism, violent confrontations and other acts of civil disobedience.
The ruling has sparked a heated debate across the country, with critics arguing that the military trials for civilians undermine judicial independence and human rights protections. However, the Shehbaz Sharif-led government has maintained that the decision is necessary “to ensure national security” and maintain order during times of unrest.
The Court’s Ruling
The Supreme Court’s decision reversed the October 2023 judgment, which had been seen as a significant move in favour of civilian judicial processes. The earlier ruling had prohibited military trials for civilians, citing concerns over fairness and due process. However, in its latest ruling, the court reportedly said that military trials were warranted in specific cases involving threats to national security and public order.
Justice Khan, in his statement, stressed the need for a balance between maintaining law and order and ensuring the protection of citizens’ rights, reports say.
This decision is expected to have far-reaching implications amid the ongoing political unrest in Pakistan, especially given that this potentially expands the scope of military involvement in civilian matters.
