Dawn
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12:45 May 25, 2025
IN October 2023, when the Supreme Court struck down the military trials of civilians, the detailed judgement began with the following quote: “even amid the clash of arms, the laws were not silent, that they spoke the same language in peace and in war”. The majority judgements were authored by Justices Munib Akhtar and Ayesha Malik. Even in the darkest of times, the court affirmed, fundamental rights must remain in every part of our territory. On May 7, the Constitutional Bench overturned this decision, and sanctioned the military trials of civilians. The verdict is a surrender of fundamental rights, and a defeat for the Constitution. A law first introduced by Ayub Khan in 1967 has been restored. This means civilians can be court-martialled going forward. The law allowing the court martial of civilians was part of a series of oppressive Ayub-era laws. Under the Defence of Pakistan Ordinance, 1965, and the rules made thereunder, citizens could be preventatively detained on vague grounds including “suspicion” th...