Military trial of civilians: Gov files appeal against SC verdict

Islamabad : The government has appealed to the Supreme Court against a five-member commission’s order that the trial of civilians in military courts is illegal. In an inter-court appeal, the Ministry of Defense asked the Supreme Court to revoke the October 23 ruling and restore the provisions of the Official Secrets Act that the court had declared illegal.
It is also asking the Supreme Court to reinstate Article 59, Paragraph 4 of the Army Act. The petition also warned that declaring parts of the Army Act and Official Secrets Act illegal would harm the country. The Ministry of Defense’s request came a day after the Interim Government of Sindh and the Shuhada Forum of Balochistan each asked the Supreme Court to overturn the verdict that the trial of civilians in military courts was unconstitutional. The Chief Justice of Sindh filed an appeal under Section 5 (Practice and Procedure) of the Supreme Court Act, 2023 as provided in Article 184(3) of the Constitution against the order passed by the Supreme Court on a petition to set aside the trial of a civilian.
An appeal was filed in court. The Interim State Government asked the Supreme Court to allow an appeal from the October 23 summary order. Additionally, the court was asked to stay enforcement of the short-term order pending the appeal. On October 23, a five-member Grand Bench of the Supreme Court, chaired by Justice Ijazul Asen and comprising Justices Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi, and Justice Aisha A. Malik, declared the trial of civilians in military courts unconstitutional. and that 103 people and others who may be involved in the events of May 9 and 10 may be tried in criminal courts established under the country’s regular or special laws. was also decided. Pakistan’s Tehreek-e-Insaf and others have filed a petition with the Supreme Court against the military tribunal, citing a lack of transparency. The decision to establish the military court was made by the government of President Shehbaz Sharif, whose term ended in August and was handed over to an interim government that will oversee elections scheduled for January.