ISLAMABAD: In a landmark judgement, the Supreme Court of Pakistan has declared null and void trials of civilians in military courts, arrested in connection with the May 9 arson attacks cases.
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.
Earlier, the bench comprised nine judges and was headed by former chief justice of Pakistan Umar Ata Bandial. However, the chief justice retired in June after which the number of judges in the bench decreased to six and hearing of the case could not go ahead.
Later, nine of the arrested persons filed an application seeking early hearing of the case.
Lawyers and human rights defenders, including Aitzaz Ahsan, welcomed the landmark judgement of the apex court and termed it a new chapter in the history of judicial independence.
TI supporters on social media congratulated the party leadership and all those held and being trialed in military courts.
Earlier, human rights activists as well as Amnesty International had opposed the trials of civilians in military courts.
“It is alarming to note that the Pakistani Army has stated its intention to try civilians under military laws, possibly in military courts. Trying civilians in military courts is contrary to international law,” the Amnesty International had stated in a statement.
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