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Aitzaz Ahsan calls SC verdict favourable for Constitution, democracy

SC unanimously declares military trials of civilians linked to May 9 mayhem null and void

By Web Desk
October 23, 2023
Aitzaz Ahsan, one of the petitioners in the military trial case, speaks to journalists outside the Supreme Court in Islamabad, on October 23, 2023, in this still taken from a video. — YouTube/GeoNews
Aitzaz Ahsan, one of the petitioners in the military trial case, speaks to journalists outside the Supreme Court in Islamabad, on October 23, 2023, in this still taken from a video. — YouTube/GeoNews

ISLAMABAD: Barrister Aitzaz Ahsan on Monday welcomed the Supreme Court (SC) verdict nullifying the military trial of the civilians, saying that the ruling will strengthen the Constitution, democracy, and legal system.

In a unanimous verdict, a five-member bench of the SC declared the civilians' trial in military courts null and void after admitting the petitions challenging the military trials linked to the May 9 riots in the aftermath of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan's arrest in a corruption case.

“An important case and an important verdict,” said Ahsan — one of the petitioners in the case — while talking to journalists outside the apex court after the ruling.

The legal expert, while sharing his opinion on the matter, said that SC's declaration of the military trials of civilians as null and void marked a “historic day”. The apex court judgment will have lasting effects, he added.

Ahsan noted that it would strengthen the country’s democratic system and its foundations.

The barrister was of the view that it means that the “Constitution reigns supreme". SC has also rejected the government's plea to interpret the law and allow the trial of civilians under army laws, he added.

“A king is a king because the law makes him a king," he further stated stressing that the ruling means the "law is above you".

Today, a five-member larger bench — comprising Justice Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik — unanimously concluded that Section 2(D)(1) was in contradiction with the Constitution. However, the verdict was 4 to 1 on this point but the rest of it was unanimous.

The SC in its short verdict ordered that 102 accused arrested under the Army Act be tried in the criminal court and ruled that the trial of any civilian if held in a military court will now be considered null and void.

The top court said the verdict is applicable to all those accused arrested in connection with the riots of May 9 and 10.