ISLAMABAD: The Sindh Bar Council (SBC) has approached the Supreme Court against the trial of civilians in the military courts.
In a petition, it also challenged the Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023. This development comes days after President Dr. Arif Alvi sparked controversy by claiming that he had not signed the Official Secrets (Amendment) Act and the Pakistan Army (Amendment) Act, attributing the confusion to the actions of his staff. The revelation threw the country into a state of chaos.
In a post on the social network, the president strongly denied that he would give his approval to both the bills. However, he admitted that his staff did not return the bills to Parliament within the 10-day deadline under Article 75 of the Constitution.
He accused his employees of not only deceiving him but also undermining his authority and effectively concealing the fact that the bills had not been returned.
In its petition, the Sindh Bar Council said that charging the accused persons in connection with various acts of violence during the May 9 and 10 attacks across Pakistan under the Official Secrets Act, 1923 and the Pakistan Army Act, 1952 is besides being unconstitutional , clearly beyond the scope of said laws and is a colourable exercise of power and without jurisdiction.
The petitioner urged the court to declare that the trial of civilians under military law and before military courts violates the Constitution and Pakistan’s international treaties and convention obligations and cannot be condoned under any circumstances.
The petition has asked the apex court to strike down Sections 2(d), 59(4) and 94 of the Pakistan Army Act, 1952 and Section 2 (dd), 71(3). and 123 of the Pakistan Air Force Act 1953 and section 2 (3), 78 (3) and 107 of the Pakistan Navy Ordinance 1961.
“The purported Pakistan Army (Amendment) Bill, 2023 and the purported Official Secrets (Amendment) Bill, 2023 lack presidential assent under Article 75(1) of the Constitution and are void and cannot be accorded the status of law under Article 75. (3) Constitution,” it says.
Alternatively, he urged the court to declare that the Pakistan Army (Amendment) Act, 2023 and the Official Secrets (Amendment) Act, 2023 are “ultra vires” (beyond the powers) of the Constitution as they aim to further extend the reach of the military laws and military courts over civilians (including retired military personnel) and to that extent have no legal effect.
