Civilians’ military trials: Will stop army from resorting to unconstitutional moves, says CJP

Chief Justice Umar Ata Bandial said Thursday the Supreme Court would stop the country’s army from resorting to any unconstitutional moves as he heard pleas challenging the trial of civilians in military courts.

A six-member bench, led by the CJP and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.

The petitions

Following the arrests made in connection with the violent riots that erupted across the country on May 9, the government announced its decision to hold military court trials of those found guilty of damaging and attacking military installments — a move both the government and the army considered a low blow.

In light of this decision, PTI Chairman Imran Khan, Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.

In this petition filed through his lawyer, the former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights granted by the Constitution and should be struck down.

Moreover, five members of civil society from different cities — represented by Siddiqi — appealed to the apex court to declare illegal the trial of civilians in the military courts.

Similarly, Ahsan’s petition challenged the government’s decision to try civilians in military courts.