News
June 23 , 2023
Aitzaz Ahsan, Latif Khosa, et al. Move SC against Military Court Trials
Islamabad: A constitutional petition was filed in the Supreme Court on behalf of senior politician Chaudhry Aitzaz Ahsan on Saturday against military trials of civilians accused of vandalism and attacks on military installations on May 9.
The petition filed by advocates Latif Khosa and Salman Akram Raja is the third such prayer submitted before the apex court in recent days. The other two were filed on behalf of the Pakistan Tehreek-e-Insaf chief and advocate Faisal Siddiqui, representing civil society .
The petition filed on behalf of Ahsan takes exception to Section 2(1)(d)(ii) and 59(4) of the Pakistan Army Act 1952 and calls on the apex court to either declare them ultra vires to [beyond the powers] granted by the Constitution of Pakistan or that they cannot be invoked for offenses listed in FIRs referred to in the petition.
It moves the court to declare that trying civilians under the Pakistan Army Act is violative of Articles 4, 9, 10A and 175 of the Constitution and the decisions taken by the federal government and the Corps Commanders Conference regarding the same should be set aside.
Moreover, the petition calls on the top court to issue a written prohibition against the constitution of military courts and the referral of cases to military courts in relation to the events of May 9 besides declaring all such trials that have commenced till date as violative of the Constitution and the law.
It prays the court to issue a habeas corpus [a written order requiring persons under arrest to be brought before a judge or court, especially for release or to show grounds for detention] for all persons handed over or picked up by military authorities for trial before military courts in relation to alleged offences committed on May 9. All such persons should be handed over to the relevant civilian institutions, contends the petition, adding that federal and provincial authorities should be directed to conduct a probe and determine true facts of the events of May 9, including the apparent absence of resistance by police and other law enforcement agencies on the day, under the supervision of this court. – The Express Tribune
Courtesy The Express Tribune