Centre, provincial govts to challenge SC verdict against military trials

Pakistan Nov, 13 2023
Centre, provincial govts to challenge SC verdict against military trials
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ISLAMABAD: Interim federal government intends to challenge Supreme Court (SC) judgment declaring military trials of civilians unconstitutional, it emerged.

Different government departments have engaged separate private counsels to challenge verdict issued by larger bench of apex court late October.

Attorney General of Pakistan Mansoor Awan will represent federal government while Defence Ministry has engaged senior lawyer Khawaja Haris and Interior Ministry has hired Ahmer Bilal Sufi.

Meanwhile, Balochistan and Sindh governments intend to submit pleas against verdict through Sikandar Bashir Mohmand and Jahanzaib Awan, respectively.

Under law, intra court appeals have to be filed within 30 days and same are to be fixed for hearing within 14 days of application.

Five-judge bench of SC had in October unanimously declared trial of civilians in military courts as null and void and ordered that 103 accused in cases relating to violence on May 9 and 10, 2023 be tried under ordinary criminal laws.

Court through 4-1 majority also declared certain clauses of Army Act as ultra vires Constitution and of no legal effect. One judge of bench, reserved his verdict on one para, though siding with bench on remaining paras.

Bench led by Justice Ijazul Ahsan and including Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi and Justice Ayesha Malik heard petitions that had challenged trial of civilians allegedly involved in May 9 violence in military courts.

Petitions, questioning legitimacy of trying civilians in military courts, were filed by former Chief Justice Jawwad S Khawaja, senior lawyer Barrister Aitezaz Ahsan and others.

Published in The Daily National Courier, November, 14 2023

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