Civilians trial in military courts challenged in SC

The Sindh Bar Council Wednesday challenged the trial of civilians in military courts, and the Pakistan Army (Amendment) Act 2023 and the Official Secrets (Amendment) Act 2023.

The bar made parties the ministries of law, interior and defence as well as the four provincial chief secretaries in the petition.

It stressed charging the accused persons in relation to the various acts of violence during the May 9 and 10 attacks throughout Pakistan under the Official Secrets Act 1923 and the Pakistan Army Act 1952 is, apart from being unconstitutional, patently beyond the scope of the said acts and is a colourable exercise of power and without jurisdiction.

The court was requested to declare that the trial of civilians under military laws and before military tribunals violates the Constitution and Pakistan's international treaty and convention obligations and cannot be countenanced under any circumstances.

 “The purported Pakistan Army (Amendment) Act 2023 and the purported Official Secrets (Amendment) Act, 2023 lack presidential assent under Article 75 (1) of the Constitution and are a nullity, and may not be accorded the status of law under Article 75 (3) of the Constitution,” it said.

It contended the Pakistan Army Amendment Act and the Official Secrets Amendment Act do not have presidential consent, the petitioner said.

In a social media post a few days ago, President Dr Arif Alvi claimed he had not signed the Official Secrets (Amendment) Bill and the Pakistan Army (Amendment) Bill though he admitted his staff failed to return the bills to parliament within the stipulated 10-day time frame mandated by Article 75 of the Constitution.

He accused his staff of not only deceiving him but also undermining his authority, effectively concealing the fact that the bills had not been returned.