More petitions filed against SC Oct 23 order

Sindh caretaker govt, Shuhada Forum contest verdict declaring court martial of civilians unconstitutional

ISLAMABAD:

The Sindh caretaker government and Balochistan Shuhada Forum have filed intra-court appeals challenging the Supreme Court’s October 23 judgment, declaring as unconstitutional the trial of 103 May 9 rioters in military courts. The Sindh government has appealed to the apex court to declare the five-judge bench's order null and void, as well as grant a stay on the implementation of the order till this appeal is decided.

It has also requested the court to restore the clause of the Pakistan Army Act, 1952 voided by the bench. Those who attacked army installations on May 9, following the arrest of PTI chief Imran Khan, should be tried in military courts, the provincial government has maintained in its appeal. It has further pleaded that the SC did not correctly take into account the law, or the facts of the matter.

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The petition filed by Balochistan Shuhada Foundation Patron-in-Chief Nawabzada Jamal Raisani states that the families of the martyrs are deeply grieved and angered after the events of May 9. He has contended that the SC’s decision to abolish military courts goes against the spirit of the Constitution and the law. The petitioner states that the SC bench has failed to consider the ground realities and the current situation.

“Even the Federal Sharia Court has declared that military courts formed under the Pakistan Army Act, 1952 are aligned with Islamic values and fundamental rights,” he added. A five-judge bench on October 23 unanimously declared the trial of civilians in military courts as null and void and ordered that the 103 accused in cases relating to the violence on May 9 and 10, 2023 be tried under the ordinary criminal laws.

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The court through the 4-1 majority also declared certain clauses of the Pakistan Army Act, 1952 as ultra vires the Constitution and of no legal effect. One judge of the bench reserved his verdict on one para, though siding with the bench on the remaining paras. The bench, led by Justice Ijazul Ahsan and including Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik heard the petitions that had challenged the trial of civilians allegedly involved in the May 9 violence in the military courts. The petitions, questioning the legitimacy of trying civilians in military courts, were filed by former chief justice Jawwad S Khawaja, senior lawyer Barrister Aitzaz Ahsan and others.