ISLAMABAD- In a major development, the Ministry of Defence on Friday formally contested the Supreme Court’s decision to suspend the trials of civilians in the military courts.
The Ministry submitted a plea urging the top court to reconsider its ruling, which prohibits the trial of individuals accused of orchestrating attacks on military installations on May 9 in military courts.
The plea also sought the reinstatement of Section 59(4) of the Army Act.
Besides it, the Ministry also sought a stay order against the decision preventing military courts from halting trials until final decisions on appeals are reached.
In the official petition, the Ministry of Defence contended that the decisions rendered by the Supreme Court’s five-member bench regarding these petitions are unjustifiable.
The nullification of both the Army Act and the Official Secrets Act, if upheld, is anticipated to inflict irreparable harm on the nation.
Last month, the Supreme Court annulled the trial of civilians in military courts, as bench led by Justice Ijazul Ahsan announced verdict with a 4-1 majority after hearing arguments.
In a brief order, the top court maintained trials of civilians could not be conducted in army courts and that Section 2 (D) (I) was unconstitutional.
The bench comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Ayesha Malik, Justice Mazahar Naqvi and Justice Yahya Afridi, maintained that 102 civilians being held for military trials for involvement in the May 9 incident can only be tried in criminal courts.
It also voids request by civilians in custody who expressed confidence that military courts could provide them justice due to lack of no affidavit attached to the application.
The court announced the brief verdict after Attorney General Mansoor Awan completed his arguments in the case.
It was clarified that the military act applies in cases where the case is linked to the armed forces, ruling that court-martials have nothing to do with Article 175.
Earlier, the government informed about the trials in a miscellaneous application in light of the top court’s August 3 order.
The development comes as a five-member apex court bench — headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — is set to take up petitions challenging the trial of civilians in military courts tomorrow.
“The accused persons were taken into custody during the month of May this year and have been in custody since then. The accused have been taken into custody under the Pakistan Army Act, 1952 read with the Official Secrets Act, 1923 for attacking military installations/establishments,” the government stated, in its application.
The application mentioned that since these trials have already begun, it is important that they are conducted and concluded to ensure fairness towards the “accused persons”.
“To safeguard the interests of the accused persons, it is imperative that their trials are conducted and concluded so that those who may merit acquittal can be acquitted and those who may merit minor sentences and have already served the time in custody can also be released,” it further read.
On August 3, the then-SC chief justice Umar Ata Bandial said the apex court would stop the country’s army from resorting to any unconstitutional moves while hearing the pleas challenging the trial of civilians in military courts.
In response to the move by the then-government and military, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.
