Pakistan govt appeals against SC order that declared trial of civilians in military courts as illegal

Islamabad, November 17

The Pakistan government on Friday filed an intra-court appeal in the Supreme Court against the apex court verdict nullifying the trial of civilians by the military courts.

Attorney General Mansoor Awan filed the appeal a day after the Sindh caretaker government and Balochistan Shuhada Forum filed appeals against the five-member bench judgment on October 23, praying to set it aside.

The Supreme Court had on October 23 declared the trial of civilians in military courts as “null and void” and ordered authorities to conduct the hearing of the cases of former prime minister and Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan’s supporters arrested for their involvement in the May 9 violent protests in ordinary criminal courts.

“Pending the decision on appeal, the operation of the impugned order/judgment may graciously be suspended. Any other relief that this Hon’ble Court deems fit and proper may also be granted,” the federal government stated.

Separately the provincial governments of Khyber-Pakhtunkhwa and Balochistan as well as the Defence Ministry filed appeals against the judgment, declaring as null and void, of civilians by the military courts.

Earlier on November 13, the Senate adopted a resolution urging the apex court to reconsider its verdict that nullified the military trials of civilians arrested after May 9 violent demonstrations. Two days later, scores of senators from three major political parties in Pakistan staged a protest in the Senate against what they described as the “hasty passage of the resolution” and called for its immediate withdrawal.

The government had identified over 100 civilians involved in attacks on military installations and handed them over to army authorities for trial under military regulations.

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 to oversee the general elections to be held on February 8.

However, the court ordered that their trial should be held under civil laws in ordinary courts, which was considered a setback for the government which was pushing for strict punishment for those involved in attacks on military buildings.

Hundreds of Khan’s supporters had stormed military and government installations, and even torched a general’s house, following the former Prime Minister’s brief arrest by the Punjab Rangers on May 9.