The court through the 4-1 majority had also declared certain clauses of the Army Act as ultra vires the Constitution and of no legal effect. . . .
The verdict by the Ijazul Ahsan-led bench had not only upset the government for nullifying the military trial of 103 May 9 suspects but more so because of striking down certain Army Act provisions, which were part of the statute for the last over five decades.
The striking down of the Army Act provisions had even stopped the military courts from trial of foreign spies and terrorists like Kulbhushan Yadhav. Under the Army Act, innumerable civilians have been tried during the past five decades. Those found guilty by military courts not only have the option of challenging their convictions within the military setup but they can also appeal in high courts and later in the Supreme Court.
Pakistan has repeatedly turned to military courts to prosecute civilians. The last time it did so, it operated under a temporary amendment to the Constitution. This time around, there is no such amendment.
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