Civilians’ trial in military courts: SC reserves verdict on plea for full court

The Supreme Court (SC) reserved on Tuesday its verdict on a fresh petition seeking the formation of a full court to hear pleas challenging the trial of civilians by military courts.

A six-member bench headed by Chief Justice of Pakistan (CJP) 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 heard the case.

During the hearing today, the CJP said that the bench would announce the decision after discussion. However, a court associate, as per reports, said that the reserved verdict would be announced on Wednesday.

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 constitutional and legal questions.

The application said that various statements have been made by politicians and sitting ministers of the present government questioning the legitimacy of the bench.

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

During the previous hearing, the chief justice warned the Attorney General for Pakistan that 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 SC. He, however, expressed satisfaction over the cooperation of the government regarding the instant matter.

Background

Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and the members of civil society have filed petitions under Article 184 (3) of the constitution before the apex court, 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 Secrets Act are 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 the Army Act.

On May 9, following arrest of the PTI chief from the premises of Islamabad High Court (IHC), PTI supporters thronged the streets in protest.

The protesters damaged several military and state installations, including the Corps Commander’s residence (Jinnah House) in Lahore and the gates of the military’s General Headquarters (GHQ) in Rawalpindi.

Internet services were suspended for four days and access to social media was hindered for days after.