SC to hear petitions against civilians’ trial in military courts today

Islamabad: Supreme Court of Pakistan will hear the petitions against the trial of civilians in military courts today (Thursday) at 11:45am, GNN reported.

According to details, a nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial comprising Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Ayesha Malik and Justice Mazahir Ali Akbar Naqvi.

Former Chief Justice Jawad S. Khawaja, Senior Advocate Aitzaz Ahsan, Karamat Ali and Chairman Pakistan Tehreek-e-Insaf (PTI) have filed petitions against that the trial of civilians in military courts be declared unconstitutional.

Justice (retd) Jawad S. Khawaja had filed the petition through lawyer Uzair Chaghatai, in which the Ministry of Law, Ministry of Defence, Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan provincial governments have also been made parties.

The position adopted in the petition is that the aim is not to support or co-sponsor any party or organization, there is no personal interest involved in this case. However, the aim of the petitioner is to not arrest the suspects involved in criminal activities.

It has been stated that the petitioner does not support any act of the accused. The forum for trying cases against civilians is the criminal courts.

Court martial proceedings can only be against the personnel of the armed forces. The purpose of the court martial is to maintain order in the forces. A civilian who is a serving civilian employee in the military may be tried in military courts, the petitioner Justice Jawad maintained.

According to the text of petition, the decisions of the military courts will have a direct impact on fundamental rights.

Notably, Justice (R) Jawad S. Khawaja was the Chief Justice of Pakistan from 17 August, 2015 to 9 September, 2015. He was the 23rd Chief Justice of Pakistan.