ISLAMABAD: The federal and provincial governments challenged the Supreme Court’s recent ruling, which declared the trial of civilians in military courts null and void.
In different petitions filed on Friday, the Defence Ministry and Provincial governments urged the court to overturn the decision made by a five-member bench on October 23 and allow civilians to undergo trials within military courts.
The petitions further implored the restoration of sections within the Official Secrets Act and Army Act that were annulled due to the court’s decision. It argued that the removal of these sections would result in irreversible damage.
Moreover, the Defence Ministry’s petition contends that the cases heard by the five-member bench were initially inadmissible.
On October 23, the Supreme Court invalidated Section 2(1)(d) of the Army Act, defining individuals subject to the Act, citing it as unconstitutional and having no legal standing.
Additionally, Section 59(4) pertaining to civil offenses was also declared unconstitutional, although Justice Afridi dissented from this decision.
The order specifically directed that the trials of 102 civilians and accused individuals, as outlined by the government in a provided list to the SC, and any others connected to the events of May 9, should proceed within criminal courts.
Earlier, A five-member Supreme Court bench issued a ruling, stating that civilians who participated in the May 9 protests cannot face military court trials, and they declared such trials of civilians unconstitutional.
On Monday afternoon, Justice Ijaz ul Ahsan, who headed the bench, announced the verdict. The bench also invalidated Section 2, stating it was unconstitutional.
The ruling specified that the 102 civilians facing military trials for their involvement in the May 9 incident could only be prosecuted in civilian courts.
Additionally, the bench rejected a request from nine detained civilians who had expressed confidence in the ability of military courts to deliver justice, citing the absence of attached affidavits with the application.
The decision was made following Attorney General Mansoor Awan’s completion of arguments in the case.
