The Supreme Court (SC) bench was informed on Tuesday by Attorney General for Pakistan Mansoor Usman Awan that civilian’s trials in military courts had not yet started.
Chief Justice of Pakistan (CJP) Umar Ata Bandial heading a bench comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik took up pleas challenging the military trials of civilians.
During the hearing, the lawyers present asked SC to order a stay on trying civilians in military courts.
The AGP said that no trial has started as yet, adding that the accused will have time to hire lawyers first.
On Monday, a seven-judge bench, headed by the chief justice, resumed the hearing on the petitions against the trials of civilians under the Army Act, 1952.
At the onset of the proceeding, AGP objected to Justice Syed Mansoor Ali Shah’s inclusion in the bench, citing the fact that one of the petitioners, Jawwad S Khawaja, was related to him.
The judge subsequently recused from the bench. After that, a six-judge bench minus Justice Mansoor heard the case.
During the hearing, the CJP said that he expected that trial of persons held in army custody will not commence as the apex court’s proceedings are in progress.
At the end of the hearing, the chief justice inquired from AGP Mansoor Usman Awan that the government might have to give some sort of assurance.
‘‘What is the progress on the military courts’ trial?’’
The attorney general said 102 persons are in army custody, but during the investigation the number may reduce.
Some persons not needed their cases will be sent to the criminal courts.