Civilians’ trials in military courts: SC says will not allow armed forces to take unconstitutional steps

The Supreme Court (SC) said on Thursday that the armed forces would not be allowed to take “unconstitutional steps”, it was reported.

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, resumed hearing a set of petitions challenging the trials of civilians in military courts.

On Wednesday, the SC bench dismissed a petition seeking the formation of a full court to hear petitions challenging the military trials of civilians.

Justice Bandial said the bench had discussed the plea for a full court but one was not available until September.

The CJP said that presently, there are some judges of this bench who are on summer vacation, but they came back for the hearing of this case.

“Therefore, there has to be a time limit.”

Second, the chief justice said there are other judges of this bench who are waiting to be relieved, but because of this case, they are here.

“In view of that Full Court is not available till the 2nd week of September.”

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.

They asked the SC to declare that 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.