Defence ministry challenges SC’s Verdict on military courts

Pakistan Nov, 17 2023
Defence ministry challenges SC’s Verdict on military courts
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ISLAMABAD: The Ministry of Defence has lodged an intra-court appeal in the Supreme Court against a recent five-member bench ruling that invalidated the trial of civilians in military courts.

The appeal urges the apex court to overturn the October 23 decision and reinstate sections of the Official Secrets Act deemed illegal, along with the restoration of Section 59(4) of the Army Act.

The ministry emphasizes the potential harm to the country due to the declaration of certain sections within the Army Act and Official Secrets Act as unlawful.

This move follows separate appeals by the caretaker Sindh government and the Shuhada Forum, Balochistan, seeking to overturn the court's judgment deeming civilian trials in military courts unconstitutional.

The Sindh chief secretary has submitted an appeal challenging the apex court's order under relevant legal provisions, praying for permission to appeal against the earlier ruling and requesting the suspension of its operation pending the appeal.

On October 23, a larger bench headed by Justice Ijazul Ahsen declared the trial of civilians in military courts unconstitutional, directing that individuals associated with events from May 9 and 10 be tried in criminal courts under ordinary or special laws.

Additionally, parties like Pakistan Tehreek-e-Insaf have contested their trials in military courts, citing concerns about transparency. The decision to employ military courts was made during Shehbaz Sharif's tenure, with a caretaker government currently in place before the upcoming January election, following incidents involving Imran Khan supporters storming military and government sites after Khan's brief arrest by the Punjab Rangers.

 

NC Desk
NC Desk https://www.dailynationalcourier.com/author/nc-desk
Daily National Courier is a leading morning English newspaper of twelve pages covering all international and national political developments on 24/7 basis.

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