Defence Ministry challenges SC’s decision to stop military trial of civilians

The Defence Ministry on Friday challenged the Supreme Court’s decision to stop civilians’ trials in the military courts and requested restoration of the revoked sections of the Official Secrets Act (OSA).

In its intra-court appeal, the Ministry of Defence urged the Supreme Court to revoke the October 23 decision and restore the sections of the Official Secrets Act that were declared illegal by the bench.

Similarly, the ministry submitted before the court to restore section 59(4) of the Army Act which was also repealed.

The ministry has sought a stay order against stopping the civilians’ trial in the military courts till the final verdict on the appeals.

“The applications were inadmissible on which the five-member bench of the Supreme Court announced its verdict,” the ministry said, adding that revoking the provisions of the Army Act and the OSA would inflict an irreversible loss on the country.

On October 23, a five-member larger bench of the supreme court headed by Justice Ijazul Ahsen and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A Malik declared the trial of civilians in the military courts as unconstitutional.

SC also held that 103 persons and others who may be placed in relation to the events arising from May 9 and 10 could be tried by criminal courts established under the ordinary or special law of the land.

The defence ministry’s plea was submitted a day after the caretaker Sindh government and Shuhada Forum, Balochistan, separately requested the apex court to set aside its judgment declaring unconstitutional the trials of civilians in military courts.

The Sindh chief secretary filed an appeal under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 read with Article 184(3) of the Constitution against the order passed by the apex court in the petitions, challenging the trial of civilians in military courts.