Pakistan
Civilians’ trial in military courts: Verdict on pleas for full court reserved
Latif Khosa argued that he wanted the full court to hear the case, but it is not possible on technical grounds.
Islamabad: The Supreme Court Tuesday reserved its verdict on the petitions regarding the constitution of full court to hear the case against the trial of civilians in military courts, which will be announced tomorrow.
According to details, a six-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial heard the petitions against the trial of civilians in military courts, in which lawyer Faisal Siddiqui argued that the objection to the formation of a full court bench should also be removed. It is clearly stated in the petition that the case will not be affected by making a full court at this point.
Faisal Siddiqui said: “The Attorney General of Pakistan (AGP) Mansoor Usman Awan has assured that there will be no military trial of any civilian during this case. It is a judicial precedent that if some judges excuse themselves from the hearing, then a full court of the remaining judges can be formed.
“Irrespective of the government's objections to the bench, three judges recused themselves from hearing the case and could not be part of the full court,” added Faisal.
Responding to the arguments of Faisal Siddiqui, Justice Yahya Afridi said: “Three judges did not excuse themselves from hearing the case, in the current case only one judge excused himself from hearing the case. One can rescue himself from hearing the case for personal reasons”.
Justice Mazahar said that you are demanding a full court at a time when you have argued for your petition.
After Faisal Siddiqui's arguments were completed, Chief Justice said: “This is the first appeal of the full court, it would be better if rest of the petitioners were also taken up on the full court”.
On this occasion, petitioner Aitzaz Ahsan came to the rostrum and said that the delay of such petitions is like defeating the purpose of the case.
“However, in the case of the first seven judges, a dispute of four to three was made, the court should decide this case immediately and close the way for disputes,” added Aitzaz.
During the hearing, Latif Khosa argued that he wanted the full court to hear the case, but it is not possible on technical grounds.
Khosa continued that government is making a mockery of this case. He has not seen such situations in his 50 years of legal experience. The division is known to the whole world, in such a case full court application is just a waste of time.
On this occasion, Salman Akram Raja said this is the best opportunity for the Supreme Court to make a single decision regarding military courts, for the first time in the country's history, the authority is in the hands of the court.
Meanwhile, the Supreme Court Bar Association opposed the formation of a full court and lawyer Abid Zuberi said that the bar also has full confidence in this bench.
During the hearing, all the petitioners except Faisal Siddiqui and Zaman Wardag opposed the full court, while PTI chairman's lawyer also opposed the formation of the full court.
Later, the court reserved the decision on the issue of the full court and CJP Bandial said that he will consult on this matter. If the consultation is completed now, then he will inform the appropriate opinion in 15 minutes. If the consultation is not completed, then the verdict will be announced tomorrow.
On the other hand, the court associate said that the judgment of this case should be pronounced tomorrow and the cause list related to the case will be issued.