The government has submitted an appeal to the Supreme Court challenging the five-member bench's ruling that deemed the trial of civilians in military courts illegal, as reported by News 24/7pk on Friday.
In its intra-court appeal, the Ministry of Defence is urging the apex court to overturn the October 23 decision and reinstate the sections of the Official Secrets Act declared illegal by the bench. Additionally, the government is calling for the restoration of Section 59(4) of the Army Act.
The petition also emphasizes that declaring certain sections of the Army Act and Official Secrets Act as illegal could have detrimental effects on the country.
This plea from the defence ministry comes a day after both the caretaker Sindh government and the Shuhada Forum in Balochistan separately filed requests for the Supreme Court to reconsider its judgment, which declared the trials of civilians in military courts unconstitutional.
The Sindh chief secretary filed an appeal under Section 5 of the Supreme Court (Practice and Procedure) Act 2023, coupled with Article 184(3) of the Constitution, challenging the apex court's order on the petitions contesting the trial of civilians in military courts.
The caretaker provincial government is urging the apex court to permit its appeal against the October 23 short order and is seeking the suspension of the short order's operation until the appeal is resolved.
On October 23, a larger bench of the apex court, led by Justice Ijazul Ahsen and including Justices Munib Akhtar, Yahya Afridi, Mazahir Ali Akbar Naqvi, and Ayesha A Malik, declared the trial of civilians in military courts as unconstitutional. The court directed that individuals related to events from May 9 and 10 could be tried by criminal courts established under ordinary or special laws.
Various parties, including Pakistan Tehreek-e-Insaf, have contested military trials, asserting a lack of transparency. The decision to utilize military courts was made during Shehbaz Sharif's tenure, who concluded his term in August, handing over to a caretaker government overseeing elections scheduled for January. Following the brief arrest of former Prime Minister Imran Khan by the Punjab Rangers, hundreds of his supporters stormed military and government installations, even torching a general's residence.
