ISLAMABAD: The Supreme Court on Wednesday rejected a plea to constitute a full court to hear petitions challenging the trial of civilians in military courts.
Chief Justice of Pakistan (CJP) Umar Atta Bandyal on Monday delivered a reserved judgment on Karamat Ali’s latest petition, saying that the full court is not available till September.
A six-member bench comprising Chief Justice Bandyal, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard the case.
It should be noted that the trials of the citizens arrested for their involvement in the May 9 riots have not yet started, Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court earlier on the hearing.
The Chief Justice also hoped that the citizens would not be prosecuted till the completion of the ongoing case.
While pronouncing the verdict, the Chief Justice said that the courts are on vacation while the judges have other engagements, which is affecting the case.
He said that earlier on two occasions the full court was formed by dissolving other benches.
After that, the Chief Justice rejected the request saying that the full court is not available till September.
Later, AGP Awan argued on the issue of giving right of appeal to people in military courts.
Justice Muneeb Akhtar said that soldiers who do not enjoy basic human rights are tried in military courts, questioning how civilians who have human rights will be tried in military courts.
The AGP told the court that he had taken up the issue of right of appeal with the Cabinet Committee on Law.
He said that it is necessary to consult the Adjutant General on the legislation related to the right of appeal and several issues must be considered in this regard.
Chief Justice Bandyal then directed the AGP to continue his arguments at the next hearing and adjourned the proceedings till tomorrow (August 3).
Full court application
On July 31, Ali, through his lawyer Faisal Siddiqui, petitioned the Supreme Court to constitute a full court for the ongoing hearing of the petitions, with the submission that the decision of the full court would be binding on any future decisions. Can resist an insulting attempt at sabotage. This present petition as well as the connected petitions.
Ali, through his lawyer Faisal Siddiqui, argued in a fresh petition filed under Order 33 Rule 6 of the Supreme Court Rules, 1980 that “the inclusion of all judges ready and available to decide fundamental and complex constitutional and legal questions in the Full Court.” Should.”
Before reserving judgment on the petition yesterday, Chief Justice Bandyal directed all the petitioners to give their stand on the matter. Only Siddiqui and Zaman Khan Wardag’s lawyers supported the petition.
Preliminary applications.
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 light of this decision, five civil society members including PTI Chairman Imran Khan, Khawaja, legal expert Aitzaz Ahsan and PILAR Executive Director Karamat Ali requested the Supreme Court to declare the military trial as ‘unconstitutional’.
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
Additionally, 5 civil society members from different cities – represented by 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.
