The caretaker Sindh government Thursday filed an intra-court appeal challenging the Supreme Court’s (SC) October 23 judgment, declaring the trial of 103 civilians in military courts unconstitutional, reported 24NewsHD TV channel.
The provincial government has appealed to the apex court to declare the five-judge bench's order null and void, as well as grant a stay on the implementation of the order till this appeal is decided.
Moreover, the Sindh government has requested for the clauses set aside by the apex court bench to also be restored.
Those who attacked army installations on May 9 - following the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan - should be tried in military courts, the government has maintained in its appeal.
It has further pleaded that the SC did not correctly take into account the law, or the facts of the matter.
A five-judge bench of the apex court had last month unanimously declared the trial of civilians in military courts as null and void and ordered that the 103 accused in cases relating to the violence on May 9 and 10, 2023 be tried under the ordinary criminal laws.
The court through the 4-1 majority also declared certain clauses of the Army Act as ultra vires the Constitution and of no legal effect. One judge of the bench, reserved his verdict on one para, though siding with the bench on the remaining paras.
The bench, led by Justice Ijazul Ahsan and including Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik heard the petitions that had challenged the trial of civilians allegedly involved in the May 9 violence in the military courts.