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Military trial of civilians: Defence ministry files appeal against SC verdict

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  • Govt wants apex court to revoke October 23 decision.
  • Urges SC to restore Section 59(4) of Army Act 1952.
  • Plea comes after Sindh govt and Shuhada Forum also filed appeals. 

ISLAMABAD: The government has approached the Supreme Court with an appeal against the order of a five-member bench that declared the trial of civilians in military courts illegal, reported Geo News on Friday.

In its intra-court appeal, the Ministry of Defence urged the apex court to revoke the October 23 decision and restore the sections of the Official Secrets Act that were declared illegal by the bench. It also urges the Supreme Court to restore Section 59(4) of the Army Act.

The petition has also warned that declaring some sections of the Army Act and Official Secrets Act illegal would harm the country.

The defence ministry’s plea comes a day after the caretaker Sindh government and Shuhada Forum, Balochistan, separately requested the Supreme Court to set aside its judgment declaring unconstitutional the trials of civilians in military courts.

The Sindh chief secretary filed an appeal under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 read with Article 184(3) of the Constitution against the order passed by the apex court in the petitions, challenging the trial of civilians in military courts.

The caretaker provincial government prayed to the apex court to allow its appeal against the October 23 short order.

It further prayed the court to suspend the operation of the short order till the appeal is pending.

On October 23, a five-member larger bench of the apex court headed by Justice Ijazul Ahsen and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha A Malik declared the trial of civilians in the military courts as unconstitutional.

It also held that 103 persons and others who may be placed in relation to the events arising from May 9 and 10 could be tried by criminal courts established under the ordinary or special law of the land.

Pakistan Tehreek-e-Insaf and others have approached the top court against the military trials on the grounds that they lack transparency.

The decision to use military courts was taken by the government of Shehbaz Sharif, who has since completed his term in August and handed over to a caretaker government that will oversee an election slated for January.

Hundreds of Imran Khan supporters stormed military and government installations, and even torched a general’s house, following the former premier’s brief arrest by the Punjab Rangers.

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The PPP requests the image of Zulfiqar Ali Bhutto on currency notes.

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The resolution was passed during a seminar named ‘Bhutto Reference and History’, which focused on Zulfiqar Ali Bhutto.

The resolution praised the Supreme Court’s admission that the PPP founder’s trial, which resulted in his execution, was unfair and urged that the federal government confer on him the title of “Quaid-e-Awam” (Leader of the People) and the highest civilian honor, Nishan-e-Pakistan.

Aside from demanding that Bhutto’s image be used on currency notes, the resolution also asked for the construction of a fitting monument in his honor and the designation of his mausoleum as a national shrine.

Furthermore, it demands for the reversal of Bhutto’s unjust death sentence and the creation of a “Zulfiqar Ali Bhutto Award” for democracy activists who have given their lives for the cause.

In March, the National Assembly passed a resolution characterizing Zulfiqar Ali Bhutto’s trial as judicial murder.

The Supreme Court released its reserved opinion on the presidential reference against the ‘controversial’ death sentence imposed on PPP founder, stating that the former prime minister was denied a “fair trial”.

A nine-judge court led by Chief Justice of Pakistan (CJP) Qazi Faez Isa revealed its decision on the long-pending presidential reference to determine if it can reconsider its verdict, which the PPP and jurists perceive as a historic error.

Zulfikar Ali Bhutto was sentenced to death under former military dictator General (retired) Ziaul Haq’s administration.

The first elected prime minister of the country was charged with the murder of a political competitor, Nawab Mohammed Ahmed Qasuri, and a trial was held.

Bhutto was executed on April 4, 1979, despite requests and appeals for leniency and pity from various heads of state.

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The ‘clinics on wheels’ initiative is introduced by CM Maryam.

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Punjab is heading toward progress and prosperity, according to Chief Minister Maryam Nawaz.

Speaking at the ‘clinics on wheels’ project celebration, the chief minister emphasized how this project will improve public health and change the health system.

She emphasized that all of the essential medical facilities were included in the Clinics on Wheels scheme. There would be multiple locations for the 200 mobile clinics. Gynecology services, screenings, immunizations, and medical testing will all be offered at the clinics.

There will be ultrasound equipment available at 50 of the 200 mobile clinic locations. Up to 4 million people will be helped by this endeavor, especially in places without hospital services.

First choice for local physicians to volunteer for this project will be granted to those from 36 districts. Consideration is also being given to the lack of paramedical and nursing personnel.

The project, which was started by Nawaz Sharif and put on hold by the previous administration, is being restarted, according to the chief minister. According to her, her government’s goal is to deliver healthcare right to people’s doors.

Additionally, she revealed that eight districts in Punjab would have the construction of modern cardiology hospitals.

With Provincial Health Minister Khawaja Salman Rafiq, Imran Nazir, and Health Secretary Ali Khan in attendance, CM Maryam officially launched the clinics on wheels project.

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Governor-rule attempt that is intolerable: Gandapur

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Chief Minister Ali Amin Gandapur of KP denounced the incident on May 9 and promised that those in charge will face national scrutiny.

While eight FIRs have been filed against him in eight different districts, Gandapur stressed that none of the accusations have been validated.

Proving he was going nowhere without a fight, Gandapur issued a warning against tampering with democracy.

Any attempt to obstruct progress will be greeted with strong resistance, he warned, so avoid using disruptive tactics.

Gandapur declared, “We will seize the governor’s mansion and I will not keep quiet about the chief minister’s seat if governor law is imposed.”

With the media there to ensure transparency, the Chief Minister boldly challenged his predecessor, Pervez Khattak, to participate in a public discussion in the Kaaba.

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