The upper house of parliament on Monday passed a resolution against the Supreme Court’s verdict on civilians’ trial in the military courts, calling for halting implementation of the judgment “unless it is considered by a larger bench”.
In a unanimous verdict, a five-member bench of the Supreme Court last month declared civilians’ trials in military courts null and void as it admitted the petitions challenging the trial of civilians involved in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a corruption case.
A five-member apex court bench — headed by Justice Ijaz Ul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik —announced the order on October 23 on the petitions filed by the PTI chief and others.
Four judges out of the five had declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”.
“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.
The resolution, moved by Senator Dilawar Khan earlier today, said the bench that announced the recent judgment was not in unanimity as opposed to the previous benches which upheld trials of civilians under the Army Act, hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench.
