Contempt petition against the defense secretary in military trials returned by SC registrar.

The office sent back the petition with objections, stating that the judgment is already suspended, making the contempt petition not applicable.

In a nine-page petition, civil society members argued that civilians arrested in connection with the May 9 and 10 riots should be tried in criminal courts, ending their unlawful detention under military authorities.

The petition stated that the defense secretary, Lt Gen (retd) Hamooduz Zaman Khan, deliberately violated a court order passed in October, declaring military trials of civilians under the Pakistan Army Act, 1952, as unconstitutional.

It emphasized that the accused have been under unconstitutional detention for the last 43 days. The civil society members demanded an end to the continuing detention by military authorities, terming it a clear violation of court orders.

The petition requested immediate compliance with the previous order to uphold the majesty of law.

A five-judge bench of the apex court on Oct 23 unanimously declared the trial of civilians in military courts null and void. The court ordered that the 103 accused in cases relating to the violence on May 9 and 10, 2023, be tried under ordinary criminal laws.

The bench, led by Justice Ijazul Ahsan, heard the petitions that challenged the trial of civilians allegedly involved in the May 9 violence in military courts.

The petitions were filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, chief justice (retd) Jawwad S.Khawaja, Supreme Court Bar Association (SCBA), Barrister Aitzaz Ahsan, Karamat Ali, Zaman Khan Vardag, Junaid Razzaq, Hafeezullah Niazi, Lt Col (retd) Inam-ul-Rahiem, and Naeemuddin Qureshi.

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