ISLAMABAD – The Ministry of Defence has asked the Supreme Court of Pakistan to set aside its order dated October 23 declaring the trial of civilians, arrested aftermath of 9th May incident, as null and void, and they be tried in criminal courts established under the ordinary and/or special law.
A five-member larger bench, headed by Justice Ijaz ul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik by a majority of 4-1 declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect.
The Secretary Ministry of Defence Monday through Advocate Khawaja Haris filed the Intra- Court Appeal (ICA) against the apex court order. Last week the federal government and Ministry of Interior and Sindh government had filed the ICA. However, the Sindh government later withdrew it. The federal government told the Supreme Court that the events of 09-05- 2023 indicate a premeditated and intentional attempt to undermine the country’s armed forces and inhibit the country’s internal security.
