ISLAMABAD: The Interior Ministry has also filed an appeal in the Supreme Court (SC) against the decision of a five-member bench, declaring as ‘unconstitutional’ the trial of civilians in military courts, ARY News reported on Saturday.
On Oct 23 ruling, the Supreme Court (SC) had declared that trying civilians in military courts for their alleged role in attacks on army installations during the riots that followed PTI chairman Imran Khan’s arrest were ultra vires the Constitution.
Headed by Justice Ijazul Ahsan, the bench ruled that 103 identified persons, as well as others who were or might be similarly placed on the list in relation to the events arising from and out of May 9 and 10, be tried by criminal courts of competent jurisdiction under the ordinary and/or special law of the land.
The petitions, questioning the legitimacy of trying civilians in military courts, were filed by former chief justice Jawwad S Khawaja, senior lawyer Barrister Aitezaz Ahsan and others.
The interior ministry filed an initial appeal in Supreme Court, requesting the apex court to nullify its verdict on military trials of civilians. Meanwhile, a complete appeal will be filed within two weeks.
It is pertinent to mention here that the caretaker federal government had also filed an appeal in the Supreme Court against the decision of a five-member bench that declared the trials of civilians under the Pakistan Army Act 1952 as unconstitutional.
Read more: SC orders military trials of civilians ‘unconstitutional’
Former chief justice Jawwad S. Khawaja, the provinces of Balochistan, Sindh, Khyber Pakhtunkhwa and Punjab, through their respective chief secretaries; and the government, through the secretary of the defence ministry, were named respondents in the case.
However, earlier in the day, the caretaker Sindh government clarified that it had not filed an appeal challenging the Supreme Court’s verdict.
A spokesperson said that there was unfounded impression that the provincial government had challenged the SC’s verdict. The spokesperson declared such speculations as “baseless”.
It was reported yesterday that the appeal, which was filed by the Sindh chief secretary, questioned the maintainability of petitions filed against Army Act provisions under Article 184(3) of the Constitution. It also mentioned that the decision to strike down certain sections of the law was in contradiction to the earlier precedents set by the apex court.
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