A new seven-member bench has taken up the hearing of petitions challenging the trial of civilians in military courts after objections were raised by Justice Qazi Faez Isa and Justice Sardar Tariq Masood. The previously formed nine-member bench was dissolved following Justice Isa’s objection, who expressed his concerns regarding the Supreme Court (Practice and Procedure) Bill 2023. Despite the objections, Chief Justice of Pakistan (CJP) Umar Ata Bandial decided to move forward with the hearing and formed a fresh seven-member bench, excluding justices Isa and Masood.
During the commencement of the hearing, Justice Shah invited those with objections to raise them. Justice Ahsan and Attorney General of Pakistan Mansoor Usman Awan stated that they had no objections. CJP Bandial mentioned that some benches used to go to provincial registries during court holidays and urged everyone to keep this in mind. Shoaib Shaheen, the lawyer for the PTI chairman, requested the court to include their plea among those being heard. CJP Bandial responded by saying that the court would consider it but emphasized that the focus of the hearing was on military courts.
Reservations Voiced by Justices Isa and Masood:
Justice Isa, who was recently named as the country’s next chief justice, expressed his concerns about the composition of the bench and the implementation of the Supreme Court (Practice and Procedure) Bill 2023. He highlighted that his order on suo motu matters was disregarded by a circular issued by the registrar, questioning the respect for a court decision. Justice Isa stated that he did not consider the nine-member bench a legitimate one, but clarified that he was not recusing himself from the case. Justice Masood supported Justice Isa’s views.
Amidst the objections raised by the justices, Aitzaz Ahsan’s lawyer, Latif Khosa, pleaded with the judges to listen to the matter at hand, considering the impact on the country’s population. Justice Isa responded by reminding us that the Supreme Court is a court and not someone’s house. CJP Bandial noted that two judges had objected based on the Supreme Court (Practice and Procedure) Bill 2023 but mentioned that the bench had been formed according to the court’s rules, emphasizing their responsibility to make decisions in favour of justice.
Pleas Against Military Trials:
The petitions challenging military trials were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan. Khawaja’s petition sought to declare the trial of civilians by military courts unconstitutional, highlighting inconsistencies with the fundamental rights conferred by the Constitution. As an interim measure, the petition requested the suspension of proceedings against civilians or restraining military courts from passing final orders against civilians based on the challenged sections. Other petitioners, including Ahsan and Imran Khan, also raised concerns about the trial of civilians in military courts and sought appropriate declarations.
Importance of the Case:
The case challenging the trial of civilians in military courts holds significant importance for Pakistan’s legal system and the protection of individual rights. The outcome of this case will shape the future course of military court trials and their compliance with constitutional provisions. The establishment of a seven-member bench to address these petitions demonstrates the judiciary’s commitment to ensuring justice and upholding the rule of law.
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The arguments put forth, in this case, revolve around the interpretation and application of the Pakistan Army Act, particularly Section 2(1)(d)(i) and (ii), which are alleged to be inconsistent with the rights enshrined in the Constitution. The petitioners contend that the trial of civilians in military courts goes against the principles of due process, fair trial, and the separation of powers.
Despite objections raised by Justice Isa and Justice Masood, a new seven-member bench has resumed hearing the petitions challenging military trials of civilians. The bench was formed in accordance with the Supreme Court’s rules, with Chief Justice Bandial emphasizing their commitment to making decisions that serve justice. The hearing will determine the constitutionality of military trials and the rights of civilians involved, addressing concerns raised by various petitioners. The outcome of this case will have significant implications for the legal system and the rights of individuals in Pakistan.
