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Published 18 Nov, 2023 08:32pm

Interior ministry challenges SC’s verdict on military courts

After the defence ministry and the federal government, home ministry has challenged the Supreme Court verdict in which it declared the trial of civilians in military courts against the constitution.

The home ministry filed the initial appeal at the apex court on Saturday where it pleaded to overturn the decision handed down by a five-member bench on October 23 and allow civilians to be tried in military courts.

The complete and detailed appeal will be filed in two weeks.

Other than the federal government, the caretaker governments of Balochistan and Khyber Pakhtunkhwa also filed similar petitions.

The caretaker government of Sindh was also reported to have filed a petition against the top court’s decision, however, it was later refuted by the Chief Minister’s House.

The federal government’s petition, filed through Attorney General Mansoor Awan, argued that the bench that heard the petition against military courts did not fulfill conditions laid out under the Supreme Court Practice and Procedure bill.

Read: What are the five standards for military trial of civilians?

On October 23, a five-member bench of the Supreme Court ruled that civilians involved in the May 9 protests cannot be tried in military courts, declaring military trials of civilians are against the constitution.

Justice Ijaz ul Ahsan, who led the bench, announced the verdict on Monday afternoon. The bench also declared Section 2 against the constitution.

The decision added that the 102 civilians being held for military trials for involvement in the May 9 incident can only be tried in criminal courts.

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