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Military trial of civilians: Defence ministry files appeal against SC verdict

Published

10 months ago

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  • Govt wants apex court to revoke October 23 decision.
  • Urges SC to restore Section 59(4) of Army Act 1952.
  • Plea comes after Sindh govt and Shuhada Forum also filed appeals. 

ISLAMABAD: The government has approached the Supreme Court with an appeal against the order of a five-member bench that declared the trial of civilians in military courts illegal, reported Geo News on Friday.

In its intra-court appeal, the Ministry of Defence urged the apex court to revoke the October 23 decision and restore the sections of the Official Secrets Act that were declared illegal by the bench. It also urges the Supreme Court to restore Section 59(4) of the Army Act.

The petition has also warned that declaring some sections of the Army Act and Official Secrets Act illegal would harm the country.

The defence ministry’s plea comes a day after the caretaker Sindh government and Shuhada Forum, Balochistan, separately requested the Supreme Court to set aside its judgment declaring unconstitutional the trials of civilians in military courts.

The Sindh chief secretary filed an appeal under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 read with Article 184(3) of the Constitution against the order passed by the apex court in the petitions, challenging the trial of civilians in military courts.

The caretaker provincial government prayed to the apex court to allow its appeal against the October 23 short order.

It further prayed the court to suspend the operation of the short order till the appeal is pending.

On October 23, a five-member larger bench of the apex court headed by Justice Ijazul Ahsen and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A Malik declared the trial of civilians in the military courts as unconstitutional.

It also held that 103 persons and others who may be placed in relation to the events arising from May 9 and 10 could be tried by criminal courts established under the ordinary or special law of the land.

Pakistan Tehreek-e-Insaf and others have approached the top court against the military trials on the grounds that they lack transparency.

The decision to use military courts was taken by the government of Shehbaz Sharif, who has since completed his term in August and handed over to a caretaker government that will oversee an election slated for January.

Hundreds of Imran Khan supporters stormed military and government installations, and even torched a general’s house, following the former premier’s brief arrest by the Punjab Rangers.

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Session of the Balochistan Assembly: The Assembly denounces recent acts of terrorism

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5 days ago

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In a resolution, the Balochistan Provincial Assembly vehemently denounced the terrorist acts on August 26.

Deputy Speaker Ghazala Gola presided over the assembly session, which took place in Quetta.

The resolution, proposed by Mir Ali Madad Jatak, vehemently denounced the despicable terrorist assaults that targeted defenseless individuals.

The Resolution required that anyone responsible for terrorist incidents face consequences from the law.

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Rana Sanaullah claims that CJP Qazi Faez Isa rejected the extension.

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6 days ago

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Neither the constitutional amendment nor the extension of the Chief Justice have the necessary number of votes. As a constitutional modification is the purview of Parliament, we ought to have done it if we had the necessary numbers.

It’s evident that CJP Qazi Faez Isa won’t take no for an answer. He said it would be acceptable to extend the age limit for everyone when he discussed this with the Attorney General and the Law Minister.

Rana Sanaullah stated that in terms of politics, they are working with Maulana Fazlur Rehman rather than supporting him.

Regarding his role in appointing the Army Chief and obtaining desired posts, Lt. Gen. (retired) Faiz Hameed has been accused. Furthermore, he is charged with utilizing PTI for these objectives. He could not have acted alone if these charges are true, according to Sanaullah; the PTI founder would have also been involved.

Continue reading: Govt promises tough action over CJP Isa smear campaign.

“WhatsApp conversations between the two on May 9th may surface after retirement, and individuals who helped them communicate may later speak out,” the statement reads.

“Former COAS Qamar Javed Bajwa never asked for an extension in our presence,” Rana Sanaullah stated in response to a query posed during the interview. It was never mentioned by Shehbaz Sharif that the former COAS had requested a delay.

In addition, he refuted reports that Ijaz Amjad, the father-in-law of Qamar Javed Bajwa, and former prime minister Nawaz Sharif met in London.

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PM meets with Interior Minister and CM Balochistan.

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2 weeks ago

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Take all necessary action to enhance Balochistan’s law and order situation, per Prime Minister Shehbaz Sharif’s directive.

During his visit to Islamabad, he spoke with Balochistan Chief Minister Mir Sarfraz Bugti and Interior Minister Mohsin Naqvi.

The PM received a thorough briefing on the security and general state of affairs in Balochistan from the Chief Minister of that province.

The prime minister spoke on the occasion, calling the terrorist assaults in Balochistan that occurred yesterday cowardly and unjustifiable.

By risking their lives, he claimed that our courageous Security Forces had thwarted the terrorists’ plans.

A directive to detect terrorists and take decisive action against them was also issued by the prime minister.

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