ISLAMABAD: Chief Justice Umar Atta Bandial said on Thursday that the Supreme Court will restrain the country’s army from resorting to any unconstitutional measures as it heard petitions challenging the trial of civilians in military courts.
A six-member bench headed by Chief Justice Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik heard the case.
At the end of today’s hearing, the Chief Justice declared the judiciary’s determination to see justice done and said: “Whose case upholds the Constitution will succeed.”
He then sought an assurance from Attorney General for Pakistan (AGP) Mansoor Usman Awan that the military trial would not go ahead. He replied that the top leadership of the army had assured that this would not happen.
“There is no attempt to subvert the constitution and the law,” Awan added.
The Chief Justice replied: “We respect those who cooperate with us, we also respect those who do not.”
Thereafter, the hearing of petitions against military trials of civilians was postponed indefinitely.
The 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 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 try civilians in military courts.
