ISLAMABAD: A six-judge bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial on Friday resumed hearing similar petitions challenging the government’s decision to try civilians in military courts.
The bench also includes Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.
In the wake of violent riots and protests that broke out across the country, several military installations and buildings were attacked and vandalized – incidents that prompted the government and military to declare the day a “Black Day”.
Subsequently, the government announced that those found guilty of attacks on military infrastructure would be tried in military courts.
The move was challenged in the Supreme Court by several people, all calling for the move to be declared “unconstitutional” or illegal.
In a previous hearing, Chief Justice Umar Atta Bandial observed that the Pakistan Army Act 1952 did not apply to all but to a certain section.
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 for those found guilty of damaging and attacking military units.
In the light of this decision, five civil society members including PTI Chairman Imran Khan, former Chief Justice Jawad S 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 are inconsistent with the fundamental rights provided by the Constitution and should be struck down.
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 try civilians in military courts.
