ISLAMABAD
Supreme Court (SC) has nullified the trial of civilians in military courts.
Announcing the reserved judgment on Monday, the SC accepted the petition filed against the trial in military courts.
The SC said in short order the trial of those accused in May 9 incidents will be carried out in civilian courts.
The court declared both the sub sections of section 2-1(D) of official secret act are contrary to constitution.
The court also declared clause 4 (59) of official secret act (4) 59.
The SC said in its order the cases against the accused be run in criminal courts keeping in view the nature of the offences of the accused.
Decision was announced with 4-1 majority.
Justice Ijaz ul Ahsan, justice Munib Akhtar, justice Mazahar Naqvi and Justice Ayesha Malik rejected the trial of civilians in military courts with consensus. Justice Yahya Afridi differed from the majority decision.
Justice Ijaz ul Ahsan raised the most important legal and constitutional points remarking tell us those who were tried in military courts in the past were common citizens or terrorists. Constitution provides guarantee to general citizens for protection of their basic rights.
A five members larger bench of SC led by Justice Ijaz ul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Naqvi and Justice Ayesha Malik took up the case for hearing Monday.
At the inception of hearing the Attorney General (AG) while addressing the court said “ I will talk about making or not making constitutional amendment with reference to establishment of military accounts.
I will talk about this point why the constitutional amendment is not needed in this case. Trial in military courts meet all the requirements of criminal courts. Now the trial has started in military courts. Reasons will also be written in the decisions of military courts.
AG said he will give the brief of previous hearing. I will tell why the constitutional amendment is not needed for the present trial. I will talk on article 175, I will read paragraph of Liaqat case. Attack on prohibited buildings and areas can also go to military courts. The trial of May 9 accused will be conducted on pattern of criminal courts. Appeals will be allowed to be made in high court and then Supreme Court.
Justice Ijaz Ul Ahsan inquired are you saying constitutional amendment was must for putting terrorists to trial and was not necessary for general citizens. I am trying to understand your arguments.
AG said there is no need of amendment if the accused belong to armed forces.
The decision of case was reserved on completion of arguments AG.
Later the SC while announcing the judgment annulled the trial of civilians in military courts ordered that the trial of those accused in May, 9 and 10 tragedy be conducted in Anti Terrorism courts.
