The Interior Ministry has also joined the parties challenging the Supreme Court’s verdict declaring the trial of civilians in military courts.
The appeal states that the first jurisdiction over the provisions of the Pakistan Army Act was that of the high court. The Supreme Court itself has said that if there are other forums, Article 184(3) should be avoided.
The intra-court appeal requests for annulment of the SC judgement and raises various legal questions.
The appeal also questions whether the case should have gone to the high court first under Article 199. It says the term "civilian" has very broad implications and asks if the court ignored it.
The term civilian also includes foreigners and terrorists, the appeal added.
Also Read: Supreme Court forms larger bench for appeals on civilian trials in military courts
Previously, the Supreme Court formed a larger bench to hear all the intra-court appeals against the court’s decision halting the trial of civilians in military courts. A six-member bench, led by Justice Tariq Masood, will hold the hearing on December 13.
The bench includes Justice Aminuddin, Justice Hasan Azhar Rizvi, Justice Muhammad Ali Mazhar, along with Justice Musarrat Hilali and Justice Irfan Saadat.
On November 13, the Senate had passed a resolution in response to the Supreme Court’s ruling against military courts.
During a Senate session chaired by Chairman Sadiq Sanjrani, Senator Dilawar Khan presented the resolution, expressing the Upper House's concerns regarding the Supreme Court’s ruling.
The resolution argued that the apex court’s ruling interferes with the legislative authority of parliament. It emphasized that actions against terrorists should be conducted through military courts, which have been in operation since 1967.
Also Read: Federal govt challenges SC verdict against military courts
On November 17, the federal and Balochistan governments had challenged the decision of the Supreme Court against establishment of the military courts.
The governments had filed an intra-court appeal in the apex court through the attorney general for Pakistan, contending that the SC verdict should be annulled.
“The order of the division bench should be stayed pending the decision on the appeal,” an appeal prayed to SC.
