Pakistan Government Appeals Supreme Court Decision On Civilian Trials In Military Courts

Updated on: 17 November 2023 10:08 am

Pakistan Supreme Court

The ongoing legal saga surrounding the trial of civilians in military courts in Pakistan has taken a new turn, with the government filing an appeal against the Supreme Court's order. The five-member bench had previously declared such trials as "null and void" on October 23, instructing authorities to shift the hearings of cases involving former Prime Minister Imran Khan's supporters to ordinary criminal courts, PTI reported.?

The Ministry of Defence, in its intra-court appeal, is urging the apex court to overturn the October 23 decision and reinstate the sections of the Official Secrets Act that were deemed illegal by the bench. Additionally, the government is seeking the restoration of Section 59(4) of the Army Act. The petition emphasizes the potential harm to the country if certain sections of the Army Act and Official Secrets Act remain illegal.

The Supreme Court's earlier ruling allowed for the trial of 103 individuals and others connected to the May 9 and 10 events to be conducted in criminal courts established under ordinary or special law. These events stemmed from violent protests by hundreds of Imran Khan's supporters who had clashed with military and government facilities, even setting a general's house on fire, following the former prime minister's brief arrest on May 9.

Notably, the Defence Ministry's appeal follows similar pleas from the caretaker Sindh government and the Shuhada Forum, Balochistan, both contesting the judgment that declared the trials of civilians in military courts unconstitutional. The Sindh chief secretary, in a separate appeal, requested the apex court to set aside its October 23 order and suspend its operation pending the appeal.

Imran Khan's Pakistan Tehreek-e-Insaf party and others have already voiced concerns about the lack of transparency in military trials and have approached the Supreme Court on this matter. The use of military courts was initially authorized by the government of Shehbaz Sharif, who concluded his term in August, handing over to a caretaker government overseeing the upcoming February 8 elections.

In a related development, on November 15, senators from three major political parties in Pakistan staged a protest in the Senate against the swift passage of a resolution rejecting the Supreme Court's verdict on military courts, calling for its immediate withdrawal. The situation remains complex, with legal and political dimensions intertwining in the debate over the trial venue for civilians involved in the May 9 protests.