Pakistan
Civilians’ trial in military courts case: Petition to form full court rejected
Chief Justice also remarked that we will continue our work whether anyone likes it or not.
Islamabad: Supreme Court Wednesday rejected the plea to form full court regarding the trial of civilians in military courts.
According to details, Chief Justice of Pakistan (CJP) Umar Atta Bandial delivered the reserved verdict on the petition to form a full court against the trial of civilians in military courts.
A six-member larger bench headed by Chief Justice Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha Malik.
During the hearing, Umar Atta Bandial asked the Attorney General of Pakistan (AGP) Mansoor Usman Awan if he wanted to say something.
Responding to which Attorney General said: “The appeal of Faisal Siddiqui was heard yesterday (Tuesday), as far as this case is concerned, all the assurances have been given, all the detained persons have been assured of providing facilities”.
He continued to say that detainees are allowed to visit their families and hire a lawyer. They have the right to a fair trial.
While rejecting the request to form a full court in the case against conducting trials of civilians in military courts, CJP Bandial said the full court is not available till September.
Chief Justice also remarked that we will continue our work whether anyone likes it or not, the people will decide which law will work in the country.
Earlier on Tuesday (yesterday) Supreme Court reserved its verdict on the petitions regarding the constitution of full court to hear the case against the trial of civilians in military courts.
During yesterday’s hearing, 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: “Attorney General of Pakistan 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.