No appeal filed against SC order: interim Sindh set-up

The interim Sindh government on Saturday clarified that it had not challenged the Supreme Court’s October 23 verdict that declared the trial of civilians in military courts as ultra vires the Constitution.

It has yet to make a decision on the filing of an appeal against the SC judgment.

On October 23, a five-judge SC bench, comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik, declared that trying civilians in military courts -- for their alleged role in the attacks on army installations during the riots that followed PTI Chairman Imran Khan’s arrest on May 9 this year -- was unconstitutional.

The court ruled that the trial of civilians under Section 2(1)(d)(i) and (ii), and Section 59(4) of the Pakistan Army Act, 1952 was ultra vires the Constitution and of no legal effect.

Read More: SC rules against civilians’ court martial

It also ordered that the civilians booked for the violence on May 9 and 10 should be tried under ordinary criminal laws.

It was earlier reported that the caretaker Sindh government had filed an intra-court appeal against the top court’s October 23 judgment.

However, a statement issued by the Sindh CM’s House on Saturday read that the appeal in ‘Trial of Civilians before Military Courts’ case had not been filed in the SC.

 “The impression that the Sindh government has filed an appeal in the Supreme Court for the trial of civilians in military courts is baseless,” it added.

It has been learnt that caretaker Sindh Chief Minister Justice (retd) Maqbool Baqar had sought an explanation from the province’s advocate general about the filing of the appeal without his approval. In response, the Sindh advocate general informed the interim CM that the appeal had not been filed yet.

Earlier, the draft of the interim Sindh government’s appeal was being shared with the media.

Read More: Caretaker government in Sindh has yet to take a decision regarding filing of the appeal

According to the draft, the caretaker provincial government engaged private counsel Jahanzaib Awan to file the appeal against the military courts judgment.

Former Sindh High Court Bar Association (SHCBA) president Salahuddin Ahmed hoped the caretaker Sindh government would refrain from participating in the appeal process.

“The trial of civilians in military courts is blatantly unconstitutional,” he added.

The Advocate General Sindh’s Office also issued a clarification to the principal secretary to the caretaker CM and others that the appeal in ‘Trial of civilians before military courts’ case had not been filed in the top court.