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The Supreme Court is currently hearing a group of petitions that contest the prosecution of civilians in the nation’s military courts.
SC resumes hearing against military trials: A larger bench of six judges, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and including Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha A., is hearing the case. Malik.
The trial of people accused of using violence against the military forces under the Pakistan Army Act (PAA) 1952, according to the federal government’s Monday statement before the Supreme Court, was a “apt and proportionate response” under the legal and constitutional framework.
“Violence against the military, defence installations and establishments was a direct attack against the national security of Pakistan and therefore prejudicial to security, interests and defence of Pakistan,” the government stated in a brief statement presented to the top court.
The armed forces have a duty to defend Pakistan against external aggression or the threat of war, according to Article 245 of the Constitution, the government argued in favour of the court dismissing all of the petitions.
Therefore, the conclusion is that “our constitutional framework permits trying perpetrators of such vandalism and violence under PAA to create deterrence concerning such attacks.”
“The government concluded that our constitutional framework permits trying perpetrators of such vandalism and violence under PAA to create deterrence with respect to such attacks.”
Previously, Attorney-General for Pakistan (AGP) Mansoor Usman Awan had informed the court that the investigation stage was ongoing for the cases against the detained civilians. The bench was assured that no suspect would face charges carrying the possibility of the death penalty or a lengthy prison term.
The cries
Former Chief Justice of Pakistan Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan submitted the petitions.
“Advocate Khawaja Ahmad, on behalf of Khawaja, petitioned the Supreme Court to deem it unlawful for civilians to be tried in military courts.”
“The Pakistan Army Act’s Sections 2(1)(d)(i) and (ii) were invalid, according to the former CJP, as they contradicted the fundamental rights guaranteed by the Constitution, and he argued that they should be repealed.”
“The Pakistan Army Act’s Sections 2(1)(d)(i) and (ii) were invalid, according to the former CJP, as they contradicted the fundamental rights guaranteed by the Constitution, and he argued that they should be repealed.”
Before this petition, five members of civil society from various cities, through their attorney Faisal Siddiqi, requested the declaration of the trial of civilians in military courts regarding the May 9 countrywide violence as unlawful.
“Ahsan, who also served as the former law minister and led the 2007 lawyers’ movement, stated that he aims to prevent the trial of any of the thousands of civilians who have been admittedly detained on suspicion of involvement in the May 9 violence in military courts through his petition.”
The petitioner claimed he wasn’t trying to prevent any citizen from being tried in a legally formed criminal court.
However, The Pakistan Army Act (PAA) of 1952 and the Official Secrets Act of 1923 were the two laws that the PTI chairman asked for a declaration to be made against in his appeal.