Govt wants SC to take back stay on military courts' execution orders

Published April 21, 2015
The Supreme Court building. — AFP/File
The Supreme Court building. — AFP/File

ISLAMABAD: The federal government on Tuesday urged the Supreme Court (SC) to withdraw its order for a stay of execution of six men convicted by the recently established military courts.

Take a look: SC’s courageous decision

The government's response was submitted by Attorney General Salman Aslam Butt. It contended that the Supreme Court Bar Association (SCBA) had petitioned in the SC to stay the executions, but it was not an affected party. It added that since the SCBA had no connection with the case and the sentencing, the apex court should not have ordered the halting of death sentences based on the bar association's request.

The response stated that the matter of establishing military courts under the 21st Constitutional Amendment was already undergoing a trial in the apex court over which no decision had yet been taken. The court should therefore refrain from issuing stay orders until the trial was complete, the government added in its response.

Examine: SCBA seeks stay of execution of militants sentenced to death by military courts

It further said that the apex court should also see whether it had the rightful jurisdiction to order a stay on the executions.

The government said that the establishment of military courts enjoyed national consensus in the Parliament which the apex court should not oppose.

The response also said that families of those slain at the hands of militants would be dismayed if the perpetrators were not brought to justice.

It underscored that preserving the country's security was the military's right and it was not the apex court's place to interfere. The response stressed that the decision would adversely affect the country's fight against militancy.

On April 16, the Supreme Court had ordered a stay of execution of the six men convicted by military courts, after a petition seeking a halt to the implementation of death sentences awarded by military courts was filed by the SCBA.

Take a look: SC stays military courts executions

“The execution of military courts' death sentences, those which have already been awarded and those which will be awarded, is suspended,” Chief Justice Nasirul Mulk had told the Supreme Court. He also said those convicted by military courts could appeal against their sentences.

The apex court had also issued a notice to AG Butt in relation to its order.

Opinion

Editorial

Kindness needed
Updated 20 Jun, 2024

Kindness needed

This year’s World Refugee Day theme — solidarity with refugees — includes keeping our borders accessible and addressing the hurdles they face.
Fitch’s budget note
20 Jun, 2024

Fitch’s budget note

PAKISTAN’S ongoing economic crisis is multifaceted. At one end, the government must pursue stabilisation policies...
Cruelty to animals
20 Jun, 2024

Cruelty to animals

TWO recent incidents illustrate the immense cruelty many in this country subject voiceless animals to. In the first...
Price bombs
Updated 18 Jun, 2024

Price bombs

It just wants to take the easy route and enjoy the ride for however long it is in power.
Palestine’s plight
Updated 17 Jun, 2024

Palestine’s plight

While the faithful across the world are celebrating with their families, thousands of Palestinian children have either been orphaned, or themselves been killed by the Israeli aggressors.
Profiting off denied visas
Updated 19 Jun, 2024

Profiting off denied visas

The staggering rejection rates underscore systemic biases in the largely non-transparent visa approval process.