Islamabad: The decision of the Ministry of Defense to stop the trial of civilians in military courts was challenged.
An intra-court appeal has been filed against the Supreme Court’s decision to nullify the trial of civilians in military courts, in which it has been requested that the decision not to try the accused in the attacks on army installations should be annulled. To be given.
Also read this news: The Supreme Court declared the trial of civilians in military courts as illegal
The petition filed by the Ministry of Defense has requested that the repealed Section 59 (4) of the Official Secrets Act and the Army Act be reinstated.
The Ministry of Defense also requested an injunction against stopping the trial in the military courts until the final decision on the appeals. In the appeal, it was stated that the petitions on which the 5-member bench of the Supreme Court decided were inadmissible. The repeal of the provisions of the Army Act and the Official Secrets Act will cause irreparable damage to the country.
It should be noted that the Supreme Court of Pakistan declared the trial of civilians in military courts as illegal and ordered all the accused to be tried in ordinary courts on May 9.
The decision was delivered by a 5-member larger bench headed by Justice Ijazul Ahsan, which included Justice Mazahir Naqvi, Justice Ayesha Malik, Justice Muneeb Akhtar and Justice Yahya Afridi. The Supreme Court delivered the decision by a four-to-one majority in which petitions against the trial of civilians in military courts were allowed, with Justice Yahya Afridi dissenting from the verdict.
The Supreme Court in its judgment declared both sub-clauses of Section Two One D of the Military Act as unconstitutional and ordered all the accused to be tried by ordinary courts on May 9. According to the court decision, depending on the nature of the crime of the accused, the cases should be tried in ordinary courts. The Supreme Court also struck down Section 59(4) of the Official Secrets Act as unconstitutional.