ISLAMABAD (Dunya News) – The Senate called on the Supreme Court on Monday to reconsider its decision declaring certain sections of the Army Act, including the establishment of military courts, as unconstitutional.
The Upper House passed a resolution with a majority vote concerning the Supreme Court's verdict that deemed the military trial of civilians null and void.
Senator Raza Rabbani and Senator Mushtaq Ahmed opposed the resolution, arguing that it contradicted parliamentary legislation.
The House observed that military courts played a significant role in addressing terrorism by ensuring justice for those responsible for terrorist acts. However, it criticised the judgment for granting leniency to terrorists, anti-state actors, foreign agents and spies to be tried in normal courts, abandoning the spirit of martyrdom.
The resolution highlights that the decision of the apex court bench was not unanimous but had legal ambiguity, calling for a review by a larger bench.
It emphasises that the trial of individuals accused of violence against the armed forces under the Army Act is an appropriate and proportional response, aligning with Pakistan's existing constitutional framework and statutory regime.
It asserts that such trials serve as a deterrent against anti-state vandalism and violence.
The resolution also expresses firm support for the families of martyrs who have made significant sacrifices for the country, citing their feelings of insecurity and treachery due to the court's decision.
The resolution maintains that sentences given by military courts are not arbitrary and are conducted following due process and formalities.
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Moved by Senator Dilawar Khan and others, the resolution reaffirms that “May 9 will be remembered as a dark day in the history of the country' and condemns the anti-state acts committed against the armed forces. It insists that the culprits of May 9, who attacked defense installations and dismantled memorials of martyrs, deserve no empathy or leniency. They should be tried in military courts, and stringent punishments should be given to make them an example for internal and external enemies, creating a deterrence and upholding the supremacy of the state”.
After the approval of the resolution, the Senate session was adjourned until Tuesday morning.