Supreme Court


Supreme Court vs Supreme Court


The Supreme Court has suspended its recent decision to invalidate trials of civilians in military courts. Recently, a five-member bench of the Supreme Court, after hearing the case of the trial of the accused in military courts on the same day regarding the events of May 9, not only declared the trial of civilians in military courts of May 9 as illegal and unconstitutional, but It also struck down the relevant decades-old provisions of the Army Act and said these provisions were unconstitutional and illegal.


In that five-member bench, only one judge, Justice Yahya Afridi, had given a decision against the trial of the accused on May 9, but he opposed declaring the relevant provisions of the law as illegal and unconstitutional. Although this decision was appreciated by Tehreek-e-Insaaf, civil society and media on one hand, it was seen very negatively by the federal and provincial governments and especially the army and on this basis, appeals were filed against this decision, which was filed on Wednesday. Heard in the Supreme Court. A general objection was raised to the first judgment of the Supreme Court that the Supreme Court was too hasty in deciding a very important matter on the same day without hearing the parties concerned and even if it had made a decision to the extent of the accused on May 9, it would have enabled many. It could have been accepted, but the removal of the relevant provisions of the Army Act had serious consequences for the integrity, defense and security of Pakistan, which the court did not see.


According to that decision, military trial of Kulbhushan Yadav and Indian spies like him involved in terrorism cannot be done now. According to this decision, if any domestic or foreign terrorist directly attacks the army, as was the case of a terrorist attack in Dera Ismail Khan yesterday, as a result of which 23 soldiers were martyred, Their case also cannot be tried in a military court. It should be remembered that after the Peshawar Army Public School tragedy, the constitution was amended to allow military courts for two and then four years to try terrorists who target civilians because It was generally observed that our normal courts fail to punish terrorists, it was also said that many judges let terrorists go because of fear and intimidation and thus ending terrorism becomes impossible.


The military courts gave judgments in accordance with the constitutional amendment, a large number of terrorists were punished, which improved the internal situation of Pakistan, which has been deteriorating for some time. What happened on May 9 was never imagined, when the angry workers of Tehreek-e-Insaf attacked the military installations after the arrest of Imran Khan, and about 102 civilians who were directly involved in these attacks were killed. He fell under the category of military trial. No doubt, the Army Act and Official Secrets Act have been misused in many cases in the past but when such matters come before the highest court of the country, they should look at all aspects of such matters, not one aspect. Neglecting many other important aspects by giving importance to the country and institutions can be a loss. The defects should be removed, it should be ensured that no one is abused, do not abuse the law. A very relevant question is that if the military courts are barred from trying civilians, are the ordinary courts of Pakistan competent to decide the trial of the army, the people and those who attacked Pakistan?


Here, a common case is not decided, big thieves and robbers get away. Today, a 6-member larger bench headed by Justice Sardar Tariq Masood gave this decision regarding the May 9 accused and the final decision on the trial of 102 arrested persons will not be taken until the decision on the current appeals. During the hearing of the case in the Supreme Court, the incident of the martyrdom of 23 soldiers that happened yesterday was also mentioned. Justice Sardar Tariq said that how will the trial of those who attacked the 23 children who were martyred yesterday be done? The case in the Supreme Court. The incident of martyrdom of 23 soldiers that happened yesterday was also mentioned during the hearing. Justice Sardar Tariq said that how will the trial of those who attacked the 23 children who were martyred yesterday be done? He said that those who martyred the soldiers will not be tried now because the law has been repealed. Under which law will the trial of the civilians who killed 23 soldiers be done? The Supreme Court has put this question out there. The First Bench should have thought.