Some members of civil society have filed a petition in the Supreme Court of Pakistan, challenging the trial of civilians involved in attacks on civil and military properties and memorials on May 9 and May 10. They have requested the court to declare these trials as “void ab initio and of no legal effect.”The decision to hold the trials by military courts was endorsed by the country’s civil and military leaders on May 16, following the arrest of Pakistan Tehreek-e-Insaf (PTI) chief on May 9. The trials were conducted under the Pakistan Army Act 1952 and the Officials Secrets Act 1923.The petition, filed by Advocate Faisal Siddiqi, highlights the arbitrary selection of cases for court martial. It points out that fifty civilian accused persons were nominated in a particular First Information Report (FIR), while only fifteen of them were handed over to the military authorities for trial, despite identical roles and no offense mentioned under the Pakistan Army Act and the Official Secrets Act in the FIR.The petition raises questions regarding the legality of conducting trials of civilians in military courts under the Pakistan Army Act and the Official Secrets Act, and whether it violates constitutional rights such as fair trial, due process, and equality. It also questions the use of intelligence agencies in the arrest and detention of political leaders and workers, as well as the presence of intelligence personnel within court premises without court permission.The petitioners urge the Supreme Court to declare the trials of civilians under the Pakistan Army Act and the Official Secrets Act as violative of the law and the Constitution, and to transfer such cases to appropriate criminal courts for fair trials in accordance with relevant laws.The Supreme Court has yet to make a decision on the matter.

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