The Senate of Pakistan passed a resolution on Monday against the Supreme Court’s decision on civilians’ trial in the military courts, urging that the implementation of the judgment be stopped “unless it is considered by a larger bench.”
A five member bench of Supreme Court (SC) last month unanimously declared civilians’ trial in military courts null and void.
“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.
Independent Senator Dilawar Khan from Khyber Pakhtunkhwa (KP) moved the resolution on Monday, stating that the decision is legally flawed as the larger bench did not announce the verdict and should not be implemented.
The resolution observed with “apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities”.
“The Senate of Pakistan calls upon the apex court to reconsider its decision, urging alignment with the national security paradigm and sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation.”
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