The caretaker Sindh government filed an intra-court appeal on Thursday challenging the Supreme Court’s (SC) October 23 judgment, declaring the trial of 103 civilians in military courts unconstitutional.

The provincial government has appealed to the apex court to declare the five-judge bench’s order null and void, as well as grant a stay on the implementation of the order till this appeal is decided.

Moreover, the Sindh government has requested for the clauses set aside by the apex court bench to also be restored.

Those who attacked army installations on May 9 – following the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan – should be tried in military courts, the government has maintained in its appeal.

It has further pleaded that the SC did not correctly take into account the law, or the facts of the matter. 

A five-judge bench of the apex court had last month unanimously declared the trial of civilians in military courts as null and void and ordered that the 103 accused in cases relating to the violence on May 9 and 10, 2023 be tried under the ordinary criminal laws.

The court through the 4-1 majority also declared certain clauses of the Army Act as ultra vires the Constitution and of no legal effect. One judge of the bench, reserved his verdict on one para, though siding with the bench on the remaining paras.

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The bench, led by Justice Ijazul Ahsan and including Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik heard the petitions that had challenged the trial of civilians allegedly involved in the May 9 violence in the military courts.

The petitions, questioning the legitimacy of trying civilians in military courts, were filed by former chief justice Jawwad S Khawaja, senior lawyer Barrister Aitzaz Ahsan and others. The other day, the apex court was informed that trial of 103 people in the military custody had already begun.

The apex court announced a short order following hearing of the case on Monday. The five-member bench unanimously declared that civilians would be tried under ordinary criminal laws of the land in relation to such offences.

“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons who were identified in the list provided to the Court by the learned Attorney General for Pakistan by way of CMA No.5327 of 2023 in Constitution Petition No.24 of 2023 and all other persons who are now or may at any time be similarly placed in relation to the events arising from and out of 9th and 10th May, 2023 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 court order said.

The court further declared that any “action or proceedings under the Army Act in respect of the aforesaid persons or any other persons so similarly placed (including but not limited Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023 6 to trial by Court Martial) are and would be of no legal effect.”