Govt seeks dismissal of petitions challenging military trial of civilians

Says challenges raised in plea could only be heard by high courts in their original constitutional jurisdiction under Article 199.

ISLAMABAD: The federal government prayed the Supreme Court to dismiss petitions challenging trials of civilians accused of various offences emanating from the events of May 9.

The government, in its concise statement, stated that violence against military and vandalism of army installations was a direct attack on the national security of Pakistan, and was, therefore, prejudicial to security, interests and defence of Pakistan.

It said the May 9 events, which were neither localised nor isolated, indicated a premeditated and intentional attempt to undermine the country’s armed forces and inhibit its internal security.

The total damage incurred on the day was Rs2,539.19 million, including a loss of Rs1,982.95 million to military establishments, equipment and vehicles, the government added.

It further stated that while some of the first information reports (FIRs) registered against the suspects did not explicitly mention provisions of the Army Act, the Supreme Court had previously held that the contents of the FIR and not the mentioning of a particular statutory provision determined the nature of the offences made out.

The federal government further argued that the petitions against the military trial of civilians were not maintainable before the apex court in its original jurisdiction under Article 184(3) of the Constitution.

Article 184(3) of the Constitution sets out the SC’s original jurisdiction and enables it to assume jurisdiction in matters involving a question of public importance with reference to the enforcement of any of the fundamental rights of Pakistan’s citizens, it added.

The government said that the challenges raised in the plea could only be heard by the high courts in their original constitutional jurisdiction under Article 199.

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