No military trials.
The Supreme Court's unanimous decision to try the civilians under ordinary criminal laws, and not by the military courts, is a step towards civil polity. It has nullified the impression that an organ of the state wants to encroach upon the fundamental rights. The majority decision of 4-1 ruled that the 'ongoing' trial of all those arrested on May 9 is null and void, and only the civil courts are competent to try them. The apex court had earlier stayed the proceedings of those in custody of army personnel, dilating that it infringes upon citizens' rights enshrined under the Constitution. In a quick-fix on Monday, the five-member bench focused on the maintainability of the case and held that the trial of civilians under Section 2D(i)(ii) of the Army Act is unconstitutional.
As many as 103 persons are presently booked for lawlessness, and on serious charges of damaging state property. While their acts, per se, fall under state terrorism and utter disregard to the armed forces, as security forces installations were destroyed, it was deemed fit to try them under military courts. This is why perhaps the Attorney General argued before...
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