ISLAMABAD: The Supreme Court will pronounce its decision tomorrow (August 2) on the request to constitute a full bench to hear the petitions against the trials of civilians in military courts.
A six-member bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahir Ali Akbar Naqvi and Justice Ayesha Malik reserved the verdict on the plea of Karamat Ali. was Application in the first day.
The development came during a hearing on a set of constitutional petitions challenging the government’s decision to try civilians in military courts in the wake of the violent May 9 protests.
Chief Justice Bandial said “[The court] will consult on the matter now. If the consultation is complete, [we] will convey the opinion in 15 minutes.”
He further said that if the consultation is not completed, the decision will be pronounced tomorrow.
Later, the Chief Justice’s colleague informed the parties that the judgment will be pronounced tomorrow.
A day earlier, the apex court was requested to constitute a full court to hear the ongoing petitions, with the plea that the full court’s decision would be the next contempt to sabotage any decision given in the present petition. Can withstand the effort. as attached applications.
Karamat Ali, through his lawyer Faisal Siddiqui, argued in a fresh petition filed under Order 33 Rule 6 of the Supreme Court Rules, 1980, saying that “all available and ready for judgment on fundamental and complex constitutional and legal questions in the full court. Judges should be involved.”
Hearing
When the hearing resumed today, Attorney General of Pakistan (AGP) Mansoor Usman Awan presented a list of names of 102 suspects in army custody in the court after the arguments of former Chief Justice Jawad S Khawaja’s counsel.
The AGP said that the arrests were made on the basis of evidence and CCTV camera records and seven of the arrested accused were directly involved in the attack on the General Headquarters.
Justice Naqvi remarked that ‘pick and choose’ is not allowed in the law, asked why other accused were released apart from these 102 accused?
On this, the AGP said that the arrests were not “pick and choose”.
The Chief Justice said that there should be an independent body to review whether the arrests were made on the basis of solid evidence or not.
He then directed the AGP to seek instructions from the government before presenting arguments on his appeals.
It should be noted that the Supreme Court on the last hearing had given AGP Awan a month’s time to seek instructions from the government on the issue of giving right of appeal to people in military courts.
While opening his arguments on the fresh plea, Karamat Ali’s lawyer described Mustafa Khar’s case as the oldest case of military trial. He claimed that the Supreme Court traditionally hears military trial cases under a full bench.
He asserted that his petition clearly stated that “the case will not be affected by the constitution of a full court bench at this time”.
The Chief Justice directed all the petitioners to give their stand on the full court petition.
On this, only Zaman Khan Wardag and Karamat Ali’s lawyers supported the application while Pakistan Tehreek-e-Insaaf Chairman Imran Khan and Supreme Court Bar Association lawyers opposed it.
Later, the court reserved judgment on the petition which will be heard tomorrow.
The initial petitions
Following arrests in connection with violent riots that erupted across the country on May 9, the government announced its decision to try military courts against those found guilty of damaging and attacking military units. Low blow
In the light of this decision, five members of the civil society, including PTI Chairman Imran Khan, former Chief Justice Jawad S Khawaja, legal expert Aitzaz Ahsan and PILAR Executive Director Karamat Ali, asked the Supreme Court to declare the military trial as ‘unconstitutional’. Requested.
In the petition filed through his counsel, the former Chief Justice pleaded that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act were inconsistent with the fundamental rights provided by the Constitution and struck them down. go
Also, 5 civil society members from different cities – represented by Faisal Siddiqui – appealed to the Supreme Court to declare the trial of civilians in military courts illegal.
Similarly, Ahsan’s petition challenged the government’s decision to prosecute civilians in military courts.
At the last hearing, Attorney General Mansoor Usman sought time to seek instructions from the government on the issue of the right of appeal against the convictions of the accused in the military courts.
“This issue needs to be considered very carefully; it has to be done in such a way that the country’s position at the global level is not affected,” the AGP said.
