SC declares trial of civilians in military courts as unconstitutional

ISLAMABAD (92 News) - The Supreme Court on Monday declared the trail of civilians in the military courts as unconstitutional.

The verdict was announced by 4-1. Justice Ejazul Ahsan read out the verdict. 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. 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.

Earlier, the court had reserved the verdict. Attorney General Mansoor Usman Awan presented the arguments in favour of the trial, terming it as per law. "The Army Act is applied when the crime is about the army. All accused of the trial attacked the military installations. The Article 175 of the constitution is not related to the court martial," he stated.

He contended that the Official Secret Act can also be applied to the attack on the PM House and Foreign Office.

Meanwhile, the court dismissed nine applications in favour of the military court after they were withdrawn.