ISLAMABAD: The Ministry of Defence on Friday challenged the Supreme Court’s decision, issued on October 23, which deemed the trial of civilians in military courts void.
The petition urges the court to overturn the decision made by a five-member bench and permit civilians to undergo trial in military courts. The government’s plea also seeks the restoration of sections of the Official Secrets Act and the Army Act that were nullified by the court’s decision.
The petition argues that nullifying parts of the Official Secrets Act and the Army Act will result in ‘irreversible damage.’
Furthermore, the petition asserts that the petitions presented before the five-member bench were not admissible from the outset.
On October 23, a five-member Supreme Court bench declared Section 2(1)(d) of the Army Act, specifying persons subject to the Act, unconstitutional and “of no legal effect.” The court also declared Section 59(4) (civil offences) of the Act to be unconstitutional. Justice Afridi dissented with the decision to strike down these sections.
The order stipulated that the trials of 102 civilians and accused persons, as identified by the government in a list provided to the Supreme Court, and all others connected to the events of May 9, should take place in criminal courts.
The Sindh government also lodged an appeal in the Supreme Court challenging the decision to halt the trial of civilians in military courts.
The petition by the Sindh government argues that the trial of individuals accused of attacking military installations should take place in military courts. It contends that the Supreme Court did not adequately scrutinize the applicable law and facts.
Additionally, the Sindh government has requested the restoration of the invalidated provisions of the Army Act and the Official Secrets Act.
