The Ministry of Defense’s decision to halt civilian trials in military courts faces a legal challenge. An intra-court appeal contests the Supreme Court’s nullification of these trials, seeking a reversal of the decision and a plea to resume trying the accused involved in attacks on army installations within the military courts.
The Defense Ministry’s petition urges the reinstatement of repealed sections from the Official Secrets Act and the Army Act, notably Section 59(4).
Additionally, the Ministry requests an injunction to continue trials in military courts until the appeals reach a final resolution. The appeal argues that the petitions on which the Supreme Court based its decision were inadmissible and emphasizes that the removal of provisions from the Army Act and the Official Secrets Act would severely harm the country.
It’s important to note that on May 9, the Supreme Court of Pakistan ruled civilian trials in military courts illegal, directing all accused individuals to be tried in regular courts. This decision came from a five-member bench led by Justice Ijazul Ahsan, which included Justices Mazahir Naqvi, Ayesha Malik, Muneeb Akhtar, and Yahya Afridi. The ruling, with a four-to-one majority, allowed petitions against civilian trials in military courts, with Justice Yahya Afridi dissenting.
The Supreme Court’s judgment deemed both sub-clauses of Section 21D of the Military Act unconstitutional and mandated all accused individuals to face trial in regular courts, depending on the nature of their alleged crimes. Furthermore, the court invalidated Section 59(4) of the Official Secrets Act.