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SC larger bench suspends ruling on military trials of civilian

Bench by 5:1 decision stops transfer of cases of 102 PTI activists from military to civilian courts till final decision.

ISLAMABAD: The Supreme Court of Pakistan on Wednesday suspended implementation of its earlier judgement in which it had declared null and void the trials of civilians in military courts. 

The suspension order came on an intra-court appeal heard by a larger bench, comprising six judges and headed by Justice Sardar Tariq Masood. One of the judges, Musarrat Hilalu, however, dissented with the judgment.

The court ruled that till a judgement on the appeal, a final decision should be waited for the trial of the 102 PTI activists arrested in connection with the May 9 arson attacks on military installations.

In a landmark judgement on October 23, the Supreme Court had declared null and void trials of civilians arrested in connection with the May 9 arson attacks cases un military courts.

The court ruled that if the trial of any person has already started in a military court it should also be considered as null and void.

A list of 102 citizens arrested in connection with the May 9 arson attacks cases was presented in the apex court which ordered that their cases should be transferred to civilian courts immediately. The court ruled that Section 2/D-1 of Army Act was in conflict with the constitution. One of the judges, Yahya Afridi, however reserved its opinion on this.

The judgement came on a number of petitions filed against the arrest and trials of PTI workers in military courts. 

Headed by Justice Ijazul Ahsan, the bench comprised Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha A. Malik.

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