Pakistan's Supreme Court Declares Trials of Civilians in Military Courts Unconstitutional, Boosts Power of Civilian Judiciary
Pakistan's Supreme Court declares trials of civilians in military courts null and void, affirming citizens' right to a fair trial under the constitution. Decision seen as victory for constitutional rights and strengthens civilian courts. Impact on crackdown against opposition parties expected. A crucial step towards upholding democratic principles and human rights.
In a landmark decision, Pakistan's Supreme Court has declared the trials of civilians in military courts to be null and void. The court ruled that citizens have the right to a fair trial under the constitution. A five-member bench, led by Justice Ijazul Ahsan, made the announcement with a 4-1 majority. The court specifically declared Section 2(1)(d) of the Army Act, which details the persons subject to the act, to be in violation of the constitution and "of no legal effect". The trials in question were in relation to the violent protests that occurred on May 9, which resulted in the arrest of numerous individuals.
These individuals were accused of involvement in attacks on key military establishments, including the General Headquarters in Rawalpindi and the Corps Commander's House in Lahore. A total of 102 civilians were facing trials in military courts under the Army Act. The Supreme Court's decision is seen as a victory for constitutional rights and a strengthening of civilian courts. Legal experts have hailed the decision as positive and believe it will bolster the authority of ordinary courts. Barrister Aitzaz Ahsan, one of the petitioners in the case, praised the verdict, stating that it shows that relief is the prerogative of the Supreme Court.
This decision holds significant implications for the future of trials of civilians in military courts in Pakistan. It settles the long-standing debate over the legitimacy of military trials for civilians and affirms the importance of a fair and impartial judicial process. Additionally, the ruling is expected to have an impact on the ongoing crackdown against opposition parties, particularly Imran Khan's Pakistan Tehreek-e-Insaf (PTI), who have faced a wave of arrests and allegations of involvement in violent protests. The PTI denies any wrongdoing and argues that the violence was a conspiracy against the party. Overall, the Supreme Court's decision marks a crucial step towards upholding democratic principles and respect for human rights in Pakistan. It reinforces the fundamental right to a fair trial and underscores the importance of civilian courts in dispensing justice.
