Supreme Court Dissolves Bench for Military Courts Petition Following Government Objections
The hearing of petitions against the trial of civilians in military courts faced a setback as the Supreme Court bench dissolved for the second time due to objections raised by the federal government. The objections were specifically directed towards the inclusion of Justice Mansoor Ali Shah in the seven-member bench.
During the third hearing of the petitions, Attorney General for Pakistan (AGP) Mansoor Usman Awan expressed that there were no objections previously when Justice Mansoor Ali Shah asked about his presence in the bench. However, today, the AGP informed the court that he had been instructed by the government to exclude Justice Mansoor Ali Shah from the bench.
Consequently, Justice Mansoor Ali Shah recused himself from the case. The government’s unexpected move angered Chief Justice of Pakistan (CJP) Umar Ata Bandial, who rebuked the AGP and adjourned the hearing briefly, stating that a new bench would be assembled shortly.
Subsequently, a six-member bench headed by CJP Umar Ata Bandial resumed the hearing. The other members of the bench are Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahar Ali Naqvi.
The petitions challenging the constitutionality of military trials were filed in the Supreme Court following violent reactions by enraged Pakistan Tehreek-e-Insaf (PTI) workers after the arrest of their party chief on May 9. These petitions were separately filed by PTI Chairman Imran Khan, former Chief Justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali.
CJP Umar Ata Bandial voiced his dissatisfaction with the government’s objections and questioned the basis for objecting to Justice Mansoor. The AGP responded by stating that the objection was raised due to a conflict of interest. However, the CJP emphasized that the objection seemed to be part of a continuum of objections against judges and expressed concerns about the government’s intentions.
The hearing continued with the new bench, but the developments were criticized by lawyers representing the petitioners. Advocate Latif Khosa referred to it as a “dark day in judicial history” and highlighted the government’s disregard for court decisions. Advocate Salman Akram Raja, representing Junaid Razzaq, stated that there should have been no objections against the bench in a case concerning fundamental rights. However, he advised Justice Shah to reconsider his decision.
The hearing reconvened with a six-member bench, and the CJP requested the PTI lawyer to present arguments later. CJP Bandial expressed the court’s recovery from the morning setback and called for a focus on constitutional debate rather than resorting to other tactics.
Published in PakWeb, June 26, 2023.
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