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The Supreme Court on Monday declared null and void the trial of civilians in military courts, Dunya News reported.
The court announced its reserved ruling with 4-1 majority after hearing the arguments.
In its short order, the apex court said trial of civilians could not be conducted in military courts and the Section 2 (D) (I) was unconstitutional. The top court accepted all the petitions against military court trials of civilians.
The Supreme Court also ordered sending cases of May 9 accused to civil courts.
It further said the trial of 103 accused charged with May 9 events could only be conducted in ciriminal courts. Justice Yahya Afridi differed with the majority opinion.
Earlier happenings
Earlier, a five-member bench, headed by Justice Ijazul Ahsan, started hearing the case at 11:30am for which notices had been issued to the parties concerned. Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik are part of the bench.
The apex court heard the same case on Aug 3 last.
On July 21, the former chief justice of the Supreme Court, Umar Ata Bandial, had issued directions that without informing the apex court, the civilians trials should not be initiated in the military courts and responsible persons would be summoned in case of order violation.
It may be recalled that 13 petitions had been filed against military courts.
The petitioners are former CJP Jawwad S. Khawaja, senior counsel Aitzaz Ahsan, Karamat Ali, Zaman Khan Vardag, Junaid Razzaq, the Supreme Court Bar Association, the PTI chief, Hafeezullah Khan Niazi, retired Lt Col Inamul Rahim, and Naeemullah Qureshi.
There are fresh applications requesting the court to urge the military authorities to expedite their trial under the Army Act. The applicants include Ijazul Haq, Muhammad Rashid, Abdul Sattar, Rashid Ali, Muhammad Abdullah, Umer Muhammad, Hassan Shakir and Faisal Irshad.
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