The Supreme Court (SC) on Friday resumed hearing a set of petitions challenging the trial of civilians in military courts. A seven-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik is hearing the case. Petitioner Chaudhry Aitzaz Ahsan, Sardar Latif Khosa and civil society lawyer Faisal Siddiqui reached the Supreme Court. Faisal Siddique has started presenting arguments. The cause list of other benches of the Supreme Court is cancelled due to the hearing of the larger bench as three regular benches were scheduled to hear cases. A day earlier, the CJP had ignored a request to issue an interim or a stay order to stop the trial of civilians in the military courts, saying it was not possible without hearing the arguments of Attorney General of Pakistan (AGP) Mansoor Usman Awan first.
While issuing notice to the respondents, the court asked the AGP to furnish the total number of detained suspects in civil and military custody on account of offences allegedly committed by them on May 9. Yesterday’s hearing also saw Justice Qazi Faez Isa, who has been formally named the next chief justice, said he did not consider the nine-member bench originally constituted to hear appeals against military trials “a proper court”. Justice Isa contended that the hearing violated Section 2 of the Supreme Court (Practice and Procedure) Act 2023 which requires petitions under Article 184(3) of the Constitution to be placed first before a committee of three senior judges to determine which bench consisting of which judges should proceed with the matter.
Credit : Independent News Pakistan-INP