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Military trial of civilians: Defence ministry files appeal against SC verdict

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  • Govt wants apex court to revoke October 23 decision.
  • Urges SC to restore Section 59(4) of Army Act 1952.
  • Plea comes after Sindh govt and Shuhada Forum also filed appeals. 

ISLAMABAD: The government has approached the Supreme Court with an appeal against the order of a five-member bench that declared the trial of civilians in military courts illegal, reported Geo News on Friday.

In its intra-court appeal, the Ministry of Defence urged the apex court to revoke the October 23 decision and restore the sections of the Official Secrets Act that were declared illegal by the bench. It also urges the Supreme Court to restore Section 59(4) of the Army Act.

The petition has also warned that declaring some sections of the Army Act and Official Secrets Act illegal would harm the country.

The defence ministry’s plea comes a day after the caretaker Sindh government and Shuhada Forum, Balochistan, separately requested the Supreme Court to set aside its judgment declaring unconstitutional the trials of civilians in military courts.

The Sindh chief secretary filed an appeal under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 read with Article 184(3) of the Constitution against the order passed by the apex court in the petitions, challenging the trial of civilians in military courts.

The caretaker provincial government prayed to the apex court to allow its appeal against the October 23 short order.

It further prayed the court to suspend the operation of the short order till the appeal is pending.

On October 23, a five-member larger bench of the apex court headed by Justice Ijazul Ahsen and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A Malik declared the trial of civilians in the military courts as unconstitutional.

It also held that 103 persons and others who may be placed in relation to the events arising from May 9 and 10 could be tried by criminal courts established under the ordinary or special law of the land.

Pakistan Tehreek-e-Insaf and others have approached the top court against the military trials on the grounds that they lack transparency.

The decision to use military courts was taken by the government of Shehbaz Sharif, who has since completed his term in August and handed over to a caretaker government that will oversee an election slated for January.

Hundreds of Imran Khan supporters stormed military and government installations, and even torched a general’s house, following the former premier’s brief arrest by the Punjab Rangers.

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The PPP and PML-N will confer on power-sharing arrangements in Punjab today.

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The coordination committees of the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) are scheduled to convene today at the Governor’s House in Lahore to deliberate on power-sharing arrangements in Punjab.

The PPP delegation would comprise Punjab Governor Sardar Saleem Haider, Raja Pervez Ashraf, Makhdoom Syed Ahmed Mahmood, Nadeem Afzal Chan, Hassan Murtaza, and Ali Haider Gilani.

Ishaq Dar, Azam Nazir Tarar, Rana Sanaullah, Malik Muhammad Ahmed Khan, and Maryam Aurangzeb will represent the PML-N.

The conference will discuss local issues in Punjab and offer a forum for the PPP to express its concerns over its collaboration with PML-N in the province.

Both parties seek to fortify their partnership and optimize governance techniques in Punjab.

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Sheikh Rasheed says PTI and government negotiations won’t provide any results.

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Sheikh Rasheed voiced his worries about the nation’s ongoing political dilemma while speaking outside the Anti-Terrorism Court.

According to Sheikh Rasheed, a committee was established to negotiate, but the process has not produced any tangible results. In order to emphasize the seriousness of the situation, he said, “Political conditions are extremely bad.”

He made the joke, “Even after war, if negotiations fail, then it will all come down to judo karate,” in reference to the next steps.

“Everyone there prays for Pakistan’s betterment,” Sheikh Rasheed, who had returned from Saudi Arabia, said. He emphasized the necessity for the nation’s circumstances to improve and stabilize.

Assad Qaiser, a former speaker and PTI leader, had earlier called on Speaker Ayaz Sadiq of the National Assembly to discuss the official start of talks with the government.

The two leaders shared their opinions on bringing parties together on matters of national importance and reducing political tensions and conflict.

“I will persuade my people, you persuade the hardliners in your party,” Ayaz Sadiq said to Assad Qaiser.

The party’s founder is in jail, and the PTI leadership has asked to meet with him. “We will continue to confer with him,” Assad Qaiser declared.

Earlier, PTI leader Shaukat Yousafzai stated that if the discussions don’t begin, a campaign of civil disobedience will begin on December 14.

Speaking to the media Regarding the meetings, Yousafzai claimed that the government ministers were making insincere remarks.

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Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

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The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

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