The Supreme Court (SC) on Tuesday rejected the federal government’s request to constitute a full court bench to hear a set of pleas challenging the trial of civilians in the country’s military courts. The development came as a six-judge larger bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik, resumed hearing the case. “Judges are not available at this time. It is not possible to form a full court,” CJP Bandial told Attorney General for Pakistan (AGP) Mansoor Usman Awan. On Monday, the federal government had taken a stand before the apex court and stated that the trial of those accused of violence against the armed forces under the Pakistan Army Act (PAA) 1952 was an “apt and proportionate response” under the constitutional framework and statutory regime.

 The government urged the court to dismiss all the petitions, adding that under Article 245 of the Constitution, the armed forces have been charged with the obligation to defend Pakistan against external aggression or the threat of war. “Therefore, to create deterrence in respect of such attacks, our constitutional framework allows perpetrators of such vandalism and violence to be tried under PAA,” it said. At the outset of the hearing, Supreme Court Bar Association (SCBA) President Abid Zuberi came to the rostrum. He said that he had submitted a detailed response and was representing the SCBA, adding that he would assist the court on five points. “It will be good to have your opinion,” CJP Bandial said.

Zuberi pointed out that the apex court had decided in the Liaqat Hussain case that civilians could not be tried in military courts. He cited the judgement by ex-CJP Justice Ajmal Mian and said that only military personnel could be tried under army laws. “The judgement stated that a constitutional amendment is needed to try civilians under the Army Act,” he contended. It was worth mentioned here that the petitions were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan. Khawaja, who filed the petition through his counsel Advocate Khawaja Ahmad, requested the top court to declare the trial of civilians by military courts unconstitutional. The former CJP pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights conferred by the Constitution and therefore void, and should be struck down. As an interim measure, all proceedings against civilians based on the sections should be suspended or, in the alternative, any military court should be restrained from passing a final order in any case against civilians based on the sections, the petition stated.

 
Credit : Independent News Pakistan-INP