Civilians’ trial in military courts: SC dismisses plea seeking full court

The Supreme Court (SC) rejected on Wednesday a petition seeking the formation of a full court to hear petitions challenging the military trials of civilians.

A six-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik announced the verdict.

During the hearing today, Justice Bandial said the bench had discussed the plea for a full court. However, a full court was not available until September.

During the previous hearing, the chief justice said; “We deliberate on the application. If consultation is completed, then will inform about the opinion in 15 minutes, otherwise, announce about it on August 2.”

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.”

Background

Former chief justice of Pakistan Jawwad S Khawaja, senior lawyer Chaudhry Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, and members of civil society 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 as violative of the constitution.

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.