SC issues detailed verdict of case of civilians' trials in military courts
Pakistan
A five-member bench issues the detailed judgement
ISLAMABAD (Dunya News) - The Supreme Court of Pakistan on Wednesday issued a detailed judgement that outlawed civilians' trials in military courts.
The SC had declared trial of civilians in military courts illegal. The bench was headed by Justice Ijazul Hassan and included Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Ayesha Malik and Justice Mazahar Akbar Naqvi.
The detailed judgement of 125 pages has the majority decision (of four judges) against trial of civilians in military courts. It has been written by Justice Muneeb Akhtar. The five-member bench passed the brief order on Oct 23 last year.
The judgement starts with the words of Lord Atkin, a British judge, from his most well-known speech delivered in 1941. The quote states, “In England, even amid the clash of arms, the laws were not silent; they spoke the same language in peace and in war.”
The detailed judgement also includes an additional note of 48 pages by Justice Ayesha. However, Justice Yahya hasn’t given his remarks.
The judgement says the constitution only works in two situations: peace and emergency. Under Article 232 of the Constitution, there is a threat to the security of the country, in whole or in part, by war, external aggression, or internal disturbance beyond the power of a provincial government to control.
The judgement says the amendment about civilian trials in military courts was removed in 2019. The matter of trial isn’t just confined to 103 individuals.
