The Military accounts case is a case being heard by the Supreme Court of Pakistan (SCP) which considers the question of whether the trial of civilians under Pakistani military courts is unconstitutional. The Court has clubbed 6 different constitutional petitions regarding the matter into a single case that is being heard by 6-member larger bench of the court. The origin of the petitions lies in the initiation of military trial of 102 defendants of May 9 riots, whose cases were transferred to the military courts from civilian ones at the Army's behest.
Background
Military Courts were set up in Pakistan in the aftermath of the 2014 Peshawar school massacre to dispense speedy justice to terrorists. The move was enabled by the 21st Constitutional Amendment with a sunset clause of 2 years, however that clause hasn't yet been enforced. The trials are conducted under the Judge Advocate General (JAG) branch of the Pakistan Army in which the judges and prosecutors are all serving military officers with no formal legal training. Furthermore, the opaqueness of the military justice system have been criticized, including by the United Nations and International Commission of Jurists. The proceedings are conducted within military establishments in secrecy and defendants only have the right to appeal the verdict of a military court to a military appellate tribunal, whose decision is turn is deemed final and cannot even be challenged in the higher civil courts of Pakistan.
After Imran Khan's arrest on 9 May 2023 from within Islamabad High Court, protests spread across the country. In some instances protestors targeted military installations, including the General Headquarters (GHQ) in Rawalpindi and Corp Commander house at Lahore. Several thousand Pakistan Tehreek-e-Insaf leaders and workers were arrested in response, of which 102 defendants had their cases shifted from anti-terrorism courts to military courts.
Bench Composition
Chief Justice Umar Ata Bandial initially formed a 9-member larger bench to hear the case. However, upon the onset of proceedings on 23 June 2022, Justice Qazi Faez Isa "rose" from the bench and stated that he did not "consider the 9-member bench a bench" and left the hearing. He was of the view that the Chief Justice should first decide the matter of Supreme Court Practice and Procedure Bill, 2023 before constituting new benches. He was supported by fellow sitting judge, Tariq Masood, in exiting from the courtroom.
On 26 June 2023, Justice Mansoor Ali Shah recused himself from the bench after the Federal Government, represented by Attorney General, Mansoor Awan, raised objection over him being related to one of the petitioners, former Chief Justice of Pakistan, Jawwad S. Khawaja.
The bench currently consists of 6 judges; Chief Justice Umar Ata Bandial, Ijaz-ul-Ahsan, Munib Akhtar, Yahya Afridi, Mazahar Ali Akbar Naqvi, and Ayesha A. Malik.