Bail granted against military courts conviction: CJP constitutes bench to hear appeals

Chief Justice of Pakistan on Tuesday constituted a two-judge bench for hearing the Ministry of Defence's appeals against the Peshawar High Court (PHC) for granting bail to accused, convicted by the military courts.

The bench comprising Justice Mushir Alam and Justice Qazi Muhammad Amin Ahmed will hear the case on Wednesday (today).

A two-judge bench comprising Justice Mushir Alam and Justice Yahya Afridi on Tuesday, while hearing the appeals against the PHC on the request of the additional attorney general referred the matter to the Chief Justice Gulzar Ahmed, for constitution of a new bench.

During the proceeding, Justice Afridi said he and Justice Mazhar Alam Miankhel had heard the cases in the PHC; therefore it was not appropriate that they also heard the appeals.

The additional attorney general said the issue before the bench was to issue direction to the PHC to constitute larger bench.

He informed that a division bench of the PHC was hearing appeals against the military courts, which was fixed before it on Tuesday.

He requested the bench to restrain the PHC for hearing the appeals against the military court.

Justice Mushir said how they could grant stay against the High Court without hearing the matter.

The attorney general then requested Justice Mushir to refer the matter to the chief justice on Tuesday for constituting a new bench.

Justice Mushir accepting the AAG plea had sent the file to the chief justice for constituting a new bench.

Meanwhile a two-judge bench headed by Chief Justice Gulzar Ahmed dismissed bail petition of an accused involved in kidnapping a woman. The petitioner appearing before the bench in person said that his counsel could appear therefore adjourn the case.

He said; "I am not aware of what are the charges against me." Justice Amin said you have killed the witnesses and kidnapped a woman whose statement is on the record.

"After knowing all this you saying you don't know what are the charges against you."

He said they cannot grant pre-arrest bail in kidnapping of a woman and dismissed his petition.