The federal government and Balochistan government Friday also challenged the decision of the Supreme Court of Pakistan (SCP) against establishment of the military courts.
The federal and Balochistan government filed an intra-court appeal in the apex court through the Attorney General of Pakistan, that decision of the Supreme Court against the trial of civilians in military courts should be annulled.
“The order of the division bench should be stayed pending the decision on the appeal,” an appeal prayed to SC.
The bench constituted in the military courts case was not governed by Supreme Court Practice and Procedure Bill, it stated, adding that, the judgment is also ineffective as the Constitution of the 5-member bench is not in accordance with law.
The Sindh government has filed an appeal with the Supreme Court against halting the trial of civilians in military courts.
Read More: SC declares trial of civilians in military courts unconstitutional
The provincial government has requested the apex court to nullify the decision to stop the trial of civilians in military courts.
A request was also made to suspend the decision of the Supreme Court against the military court trials until a decision on the appeal of the Sindh government was made.
The application maintains that those accused of attacks on military installations should be tried in military courts. The Supreme Court did not properly review the law and facts of the case.
The Sindh government also requested to restore the repealed provisions of the Army Act and the Official Secrets Act. It maintained that the suspects themselves requested that their trial be conducted in military courts.
The appeals against trials in military courts were not maintainable, the appeal states. It adds that the judgment did not specify which fundamental rights were being affected.
There is a right to appeal to the army chief and high courts against the decision of military courts, the appeal claims.
The court could have asked the petitioners to refer to the relevant forum, it added.
On October 23, the Supreme Court had declared that the trial of civilians cannot be conducted in military courts. It declared Section 2(D)(1) of the Army Act unconstitutional by a majority of 4-1.
The Supreme Court has declared that the trial of civilians cannot be conducted in military courts. It declared Section 2(D)(1) of the Army Act unconstitutional by a majority of 4-1.
The court has ruled that the 102 civilians accused of May 9 violence cannot be tried in military courts and their cases should be heard in civilian criminal courts.
Earlier today, the court had reserved its judgment in the case.
A five-member bench, headed by Justice Ijazul Ahsan, took up the case today. The bench also included Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahar Ali Akbar Naqvi.
The court disposed of nine petitions against the trial as withdrawn.
Ministry of Defence appeal against military courts need of the hour
Ministry of Defence also filed an appeal against the SC vertdict against the military courts.
Dr. Firdous Ashiq Awan, Central Information Secretary of the Istehkam-e-Pakistan Party (IPP), said appeal against the decision to nullify the military trial of civilians was the need of the hour.
She said the appeal from the Ministry of defense is loyalty to the blood of martyrs.
Dr Firdous said that the court should accept the appeal and end the injunction on the trial, by punishing the guilty.
