The Senate has passed a resolution challenging the Supreme Court’s (SC) decision regarding military courts. The resolution, introduced by Independent Senator Dilawar Khan, calls for the continuation of trials of ‘terrorists’ in military courts.
The move opposes the SC’s ruling that declared certain sections of the Army Act unconstitutional. While most senators supported this resolution, it faced opposition from Pakistan People’s Party (PPP) Senator Raza Rabbani and Jamaat-e-Islami (JI) Senator Mushtaq Ahmed Khan.
The resolution argues that the Supreme Court’s decision interferes with the Parliament’s legislative authority and undermines military courts’ effectiveness in combating terrorism. It suggests that military trials under the Army Act are an appropriate response to violence against the armed forces, in line with Pakistan’s constitutional and legal framework. Furthermore, the resolution expresses concern that the absence of military trials may embolden terrorists due to perceived leniency in regular courts.
Demand for Reconsideration and National Security Concerns
The Senate’s resolution also emphasizes the need for stringent justice against those involved in anti-state activities, including the culprits of the May 9 riots. It argues that military courts have been instrumental in ensuring justice for terrorist acts and maintaining national security. The resolution calls on the Supreme Court to reconsider its decision, aligning with the national security paradigm and honouring the sacrifices of martyrs. The session concluded with an adjournment until Tuesday at 10:30 am.
This development follows the Supreme Court’s October 23 verdict, which declared the military trial of civilians unconstitutional, a decision challenged by the PTI chairman and others in the wake of the May 9 riots and the arrest of PTI chief Imran Khan in the Al-Qadir Trust case.