SC orders military trials of civilians 'unconstitutional'

ISLAMABAD: The Supreme Court (SC) on Monday declared the military trial of civilians ‘unconstitutional’, ARY News reported.

The Supreme Court (SC) announced its verdict by 4-1. The PTI chairman and others moved the top court challenging the military trial of civilians named in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in the Al-Qadir Trust case.

A five-member apex court bench — headed by Justice Ijaz Ul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard the pleas.

Presenting his arguments, Attorney General of Pakistan Mansoor Usman Awan said he would explain to the court why a constitutional amendment was necessary to form military courts in 2015 to try the terrorists.

Responding to Justice Ahsan’s query, AGP Awan said the accused who were tried in military courts were local as well as foreign nationals.

He said the accused would be tried under Section 2 (1) (D) of the Official Secrets Act and a trial under the Army Act would fulfill all the requirements of a criminal case.

“The trial of the May 9 accused will be held in line with the procedure of a criminal court,” the AGP said.

The decision was reserved after Attorney General of Pakistan (AGP) Mansoor Usman Awan completed his arguments centred around the domain and scope of the military courts to try the civilians under the Army Act.

Earlier, the federal government informed the Supreme Court that military courts have initiated trials of civilians.

The government in a miscellaneous petition to the apex court informed it about the beginning of trials of civilians in response to the court’s August 03 order.

A total 102 individuals were arrested after May 09 and 10 incidents, the government said in its plea to the court.