Pakistan: Lawyers Applaud Brave Supreme Court Verdict on Military Trial of Civilians

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“The recent verdict by the Supreme Court reaffirms the continued reliance on the judicial system for justice,” stated Barrister Asad Rahim Khan. The highly anticipated decision nullified the military trial of 102 civilians who were arrested during the May 9 protests. The five-member bench, led by Justice Ijazul Ahsan, including Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha A Malik, delivered the ruling. Aitezaz Ahsan, a lawyer and former senator who was among the petitioners, described the verdict as “crucial” and emphasized its positive impact on democracy, the Constitution, and the justice system. He also stressed that all institutions must acknowledge that the law is superior to them. Lawyer Rida Hosain called the decision “historic and courageous,” highlighting that it upholds the fundamental rights guaranteed by the Constitution. She condemned the unfairness of military court trials, pointing out the lack of legal training among the serving army officers acting as judges, secret trials, absence of reasoned judgments, and limited right to appeal. Hosain applauded the court for defending and preserving fundamental rights. Mirza Moiz Baig, a lawyer and special assistant to the Sindh chief minister, praised the Supreme Court’s decision, emphasizing that civilians should ordinarily be tried in regular criminal courts. He noted that the ruling closes the doors for the trial of civilians in military courts, as specified in Section 2(d) of the Army Act, 1952. Barrister Asad Rahim Khan commended the “courageous and potentially expansive” order of the Supreme Court. He believed that the verdict clarifies any remaining ambiguity from previous judgments. Lawyer Reema Omer expressed her admiration for the historic judgment, as it ensures that the May 9 violence accused will be tried in regular courts and provides relief to other civilians previously convicted in military courts. Lawyer Hassan A Niazi praised the Supreme Court for upholding the Constitution despite challenges faced in the past year, while also cautioning against attempts to undermine the verdict. Lawyer Usama Khawar hailed the verdict as a significant and unprecedented development in the country’s constitutional and judicial history. He highlighted various reasons that make the judgment exceptional, including the defiance of historical patterns, the advancement of the right to fair trial, and the restoration of confidence in the judiciary. Additionally, Khawar emphasized the credibility of the Supreme Court, Chief Justice’s neutrality, and the court’s commitment to upholding the Constitution. Lawyer Ayman Zafar recounted the precedence of civilian trials in military courts and emphasized that the current setup of military courts violates the Constitution. She advocated for transparent and equitable trials within the existing civilian court system to ensure the integrity of the legal process and address the demands for accountability. Lawyer Muhammad Ahmad Pansota welcomed the settlement of the principle by the court

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