Federal govt moves SC against verdict nullifying civilians' trial in military courts

ISLAMABAD (92 News) – The federal government on Friday filed an intra-court appeal in the Supreme Court against the verdict nullifying the civilians' trial in military courts.

In the petition, the ministry appealed to the Supreme Court to review the verdict and restore the sections that were declared void on October 23. It stated that the Court Martial does not violate the basic rights.

It contended that the country would suffer an irreparable loss by declaring the sections pertaining to the Army Act and the Official Secret Act null and void.

On Thursday, the Sindh and Balochistan government also filed a petition against stopping the military trial of the civilians. They contended that the SC had issued the order on non-maintainable applications. "The October 23 verdict is in clash with the constitution and the law," it added.

The Balochistan Shuhda Forum has also approached the SC against order staying the trial of civilians in military courts.

On October 23, the Supreme Court had declared the trail of civilians in the military courts as unconstitutional. The verdict was announced by 4-1.

A five-member bench headed by Justice Ejazul Ahsan and comprising of Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Naqvi and Justice Ayesha Malik heard the case. However, Justice Yahya Afridi dissented from the verdict.

The court ruled that the cases will be tried in common courts as per the nature of the crime. It ruled that the section 2(1)d of the Army Act was against the constitution.