Civilians’ trial in military courts: Plea filed in SC to constitute full court

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial has been asked to constitute a Full Court for hearing petitions against the trial of civilians by the military courts.

A six-member bench, headed by the chief justice, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A Malik will resume the hearing today (Tuesday).

The members of civil society, on Monday, filed an application requesting to constitute a Full Court comprising judges willing and available to be a part of it for adjudication on fundamental and complex constitutional and legal questions.

It submitted that various statements have been made by politicians and sitting ministers of the present government questioning the legitimacy of the bench.

Two lessons can be drawn from past judicial history and judicial practice. First, no judgment of a Full Court has ever been subverted or not implemented by the State, including the military dictators. Second, in the past matters of major constitutional importance and complexity, including cases involving the constitutionality of military trials, were heard by larger benches of nine judges and above or Full Court.

The civil society counsel further submitted that even two members who are (and were) hearing the petitions, i.e., Justice Yahya Afridi on 23-06-23 and Justice Mansoor Ali Shah on 22-06-23 suggested to the chief justice to constitute a Full Court.

In the last hearing, the chief justice warned the Attorney General for Pakistan, “If he goes against his words then we will call the concerned person.” The CJP also told him there should be no trial of persons without informing the Court. He; however, expressed satisfaction over the cooperation of the government regarding the instant matter.

Former Chief Justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, members of civil society, and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan have filed the petitions under Article 184(3) of the constitution asking it to declare that the trials of the civilians, arrested in light of May 9 and 10 violent protests, under the Army Act and Official Secret Act violative of Article 25 of the constitution, until and unless legal and reasonable guidelines are framed to structure the discretion not to arbitrarily try civilians under Army Act.

On July 4 advocate Lt-Col Inamul Rahiem (retd) also filed a petition to set aside the trials, conviction and sentence of 25 civilians conducted during the period of ex-prime minister Imran Ahmed Khan Niazi being the chief executive of the country. He also cited former COAS General Qamar Javed Bajwa (retd), and ex-DG ISI Lt-Gen Faiz Hameed (retd), Judge Advocate General, JAG Branch GHQ, and Registrars of the provincial and Islamabad High Courts as respondents.

Copyright Business Recorder, 2023