The government of Sindh petitions the Supreme Court to allow civilian trials in military courts again
The government of Sindh petitions the Supreme Court to allow civilian trials in military courts again
The Sindh government will move the Supreme Court of Pakistan to restore the trial of civilians in military courts. The decision to approach the Supreme Court came after the Sindh Assembly passed a resolution against The Military Courts (Amendment) Act, 2022, which gives the military courts exclusive jurisdiction to try cases of terrorism, espionage, and sabotage.
The Sindh government believes that the Military Courts (Amendment) Act, 2022, violates the fundamental rights of citizens and undermines the criminal justice system. The government argues that the military courts are not subject to the same checks and balances as civil courts and that there is a risk of miscarriage of justice.
The Sindh government is also concerned about the impact of the Military Courts (Amendment) Act, 2022, on the morale of the police force.
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The government argues that the military courts are essentially a vote of no confidence in the police and that this will demoralize the force and make it more difficult to fight terrorism.
The Sindh government is not the first provincial government to oppose the Military Courts (Amendment) Act, 2022. The Balochistan Assembly also passed a resolution against the Act, and the Khyber Pakhtunkhwa Assembly has expressed its reservations.
The Supreme Court is likely to face a difficult decision when it hears the Sindh government’s petition. The Court will need to balance the need for security with the need to protect the fundamental rights of citizens.
The Supreme Court ruled on October 23 that civilians could not be tried in military courts. By a vote of 4-1, it ruled that Section 2(D)(1) of the Army Act was unconstitutional.
