Ministry of defence challenges SC decision on military courts

The ministry of defence challenged the Supreme Court decision declaring trial of civilians in military courts to be void on Friday.

The petition asks the court to overtunr the decision issued by a five-member bench on October 23 and allow civilians to be tried in military courts.

The government’s petition has also pleaded that the sections of the Official Secrets Act and Army Act struck down by the court’s decision be restored.

The petition has argued that striking down parts of the Official Secrets Act and the Army Act will cause ‘irreversible damage’.

Additionally, the petition has argued that the petitions heard by the five-member bench were not admissible in the first place.

On October 23, a five-member SC bench declared Section 2(1)(d) of the Army Act, which elaborates on persons subject to the Act, to be in violation of the Constitution and “of no legal effect”. The court also declared Section 59(4) (civil offences) of the Act to be unconstitutional. Justice Afridi disagreed with striking down the sections.

The order said the trials of 102 civilians and accused persons, identified by the government in a list provided to the SC, and all other persons who may be placed under trial in connection with the events of May 9 should be held in criminal courts.

The federal government’s review appeal comes a day after a similar appeal was filed by the interim government in Sindh.

The apex court did not properly evaluate the law and the facts, it alleged.