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A six-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik, took up the petitions today.

During Monday’s hearing, the federal government said that the violence against the military and vandalism of army installations was a direct attack on the national security of Pakistan, and was therefore, prejudicial to the security, interests, and defence of Pakistan.

Attorney General for Pakistan Mansoor Usman Awan filed a reply on behalf of the federal government on the petitions against the trials of civilians by the military courts and prayed that the petitions be dismissed.

The reply stated that as a consequence of the events of 09-05-2023, several FIRs were registered against the perpetrators.

Some of the FIRs do not explicitly mention the provisions of the Army Act. It submitted that SC in the case of FIA vs Hamid Ali Shah held that it is the contents of an FIR and not the mentioning of a particular statutory provision which determines the nature of the offences made out.

It stated that the challenges raised in the petitions can adequately be adjudicated by the High Courts under Article 199 of the Constitution which, inter alia, empowers the High Courts to “make an order […] as may be appropriate for the enforcement of any of the fundamental nights”.

It said the total damage came in at Rs2,539.19 million, including Rs1,982.95m in losses to military establishments, equipment, and vehicles.

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