A five-member Supreme Court (SC) bench has begun hearing a set of petitions challenging the military trials of civilians following violent protests in the country after PTI Chairman Imran Khan’s arrest on May 9.
The bench is being headed by Justice Ijazul Ahsan and also includes Justices Munib Akhtar, Yayha Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha A. Malik.
Earlier, a six-judge bench had heard the matter but after the retirement of former chief justice of Pakistan (CJP) Umar Ata Bandial, the bench has been reduced to five judges. And since the matter has been partly heard, incumbent CJP Justice Qazi Faez Isa is not sitting on the bench.
On Sunday, at least nine accused facing trials under the Army Act moved the apex court for early conclusion of their cases by the military courts. In their separate applications, the suspects pleaded that they have complete faith and confidence in the military authorities to provide justice to them and to other accused persons.
Following the violence on May 9 which targeted civilian as well as military installations, a total of 102 persons were taken into custody for their involvement in the attacks on military establishments, including the General Headquarters in Rawalpindi, corps commander’s residence in Lahore, PAF Base Mianwali, and an ISI office in Faisalabad.
Case background
The hearing of the case was put off indefinitely in August with ex-CJP Bandial saying that the court did not want to see Pakistan Army pointing their guns at civilians, since they were meant to defend the country and its people.
The observations had come when Attorney General for Pakistan (AGP) Mansoor Usman Awan emphasised that soldiers were equipped with sophisticated weapons and were trained to shoot, but they had exercised restraint on May 9.
Former CJP Jawwad S. Khawaja, senior counsel Aitzaz Ahsan, Karamat Ali, Zaman Khan Vardag, Junaid Razzaq, the Supreme Court Bar Association, PTI chief Imran Khan, Hafeezullah Khan Niazi, Lt-Col Inamul Rahiem, Naeemullah Qureshi etc have filed the petitions before the apex court.
After the Oct 11 upholding of the Supreme Court (Practice and Procedure) Act 2023, it is now a legal requirement that all cases moved under Article 184(3) involving interpretation of the Constitution should be heard by a bench consisting of not less than five SC judges.
And under Section 5 of the law, any decision by the five-judge bench could be challenged and any appeal in this regard could be filed within 30 days from the court order which will have to be fixed within a period not exceeding 14 days.
It is likely that if appeals are filed against the order of the bench, it may be heard by a larger bench consisting of judges who have not heard the matter earlier in the first round of litigation. It is expected that if such a bench is constituted, the incumbent CJP may head that bench.
During earlier hearings, the SC had turned down the government request to constitute the full court consisting of all available judges.
Recently an application had been filed by Junaid Razzaq with a request to fix the military courts’ case as early as possible since he had been informed that the trial by military courts of civilians had commenced in violation of SC directions not to commence the trial before seeking prior permission from the apex court.
The applicant pleaded before the court that early hearing of the matter will be in the interest of justice, otherwise if the trial of his son — Azam Junaid — commenced and concluded in haste, the petitioner would suffer irreparable loss.
More to follow
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