The civil society sought contempt proceedings on Monday against the defence secretary for “deliberately and malafidely” violating the Supreme Court’s October 23 judgment, declaring the trials of civilians in military courts as unconstitutional.
In a nine-page document, the civil society members, through their counsel Faisal Siddiqi, have argued that civilians arrested in connection with May 9 and 10 riots should be tried under criminal courts, ending their illegal detention under military authorities.
The petition maintained that the honorable court has been “disobeyed” by the “alleged contemnor” for violating its previous ruling “passed in constitutional petition Nos. 24 to 28, 30, and 35 of 2023".
It states that Secretary of Defence Lt Gen (retd) Hamooduz Zaman Khan “deliberately” violated an order passed in October declaring military trials of civilians under the Pakistan Army Act, 1952, as "unconstitutional".
Moreover, the petition highlighted that the arrested accused have been under “unconstitutional detention” for the last 43 days.
The civil society members also stated that the violator had failed to issue an order for the transfer of custody of the accused persons to the criminal court.
The petition put forth the demand to end the continuing detention with military authorities as "unconstitutional", terming it a clear violation of court orders.
The petition requested immediate compliance with the previous order to uphold the “majesty of law", as stated.
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