According to a media source on Friday, the Pakistani government has filed an appeal with the Supreme Court against the ruling of a five-member panel that ruled that civilians could not be tried in military tribunals.
On October 23, the Supreme Court ruled that civilian trials in military courts were “null and void” and directed the prosecution to try former prime minister and Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan’s supporters in regular criminal courts for their roles in the violent protests of May 9.
The Ministry of Defence asked the Supreme Court to overturn the October 23 ruling and reinstate the Official Secrets Act provisions that the bench had ruled to be unlawful in its intra-court appeal. Additionally, it asks the Supreme Court to reinstate the Army Act’s Section 59(4), according to Geo News.
The petition further said that it would be detrimental to the nation to declare some provisions of the Official Secrets Act and the Army Act unlawful.
The Supreme Court’s five-member bench ruled that criminal tribunals created under the country’s ordinary or special laws might try 103 individuals as well as anybody else who may be connected to the events of May 9 and 10.
After Khan was briefly detained by the Punjab Rangers on May 9, hundreds of his followers attacked government and military buildings and even set fire to a general’s home.
The defence ministry’s appeal comes a day after the Supreme Court was separately asked to set aside its ruling on Thursday declaring that civilian trials in military courts are unconstitutional by the caretaker Sindh government and Shuhada Forum, Balochistan, an NGO that works to give recognition, legal and financial support, and counseling services to the martyrs and victims of terrorism in Balochistan province.
The chief secretary of Sindh challenged the prosecution of civilians in military tribunals by filing an appeal against the ruling made by the supreme court in the petitions.
In addition to pleading with the supreme court to grant the caretaker province government’s appeal against the October 23 short order, the administration also asked the court to halt the short order’s implementation while the appeal was underway.
The highest court has been petitioned by Khan’s Pakistan Tehreek-e-Insaf party and others contesting the military proceedings on the basis of their lack of openness.
The administration of Shehbaz Sharif, who left office in August and was replaced by a caretaker government that would preside over an election scheduled for February 8, made the decision to utilize military tribunals.
On November 15, a significant number of senators from three prominent political parties in Pakistan protested in the Senate over the hurried adoption of a resolution rejecting the ruling of the Supreme Court on military courts and demanding its immediate removal.
