- Chief Justice of Pakistan, Umar Ata Bandial, denies the government’s request for a full court to hear petitions against civilian trials in military courts.
- Six-member bench in the apex court, including Justice Ijazul Ahsan and Justice Yahya Afridi, participates in the hearing.
- Petitions filed by various parties seek to declare the military trials as unconstitutional and illegal, challenging Section 2(1)(d)(i) and (ii) of the Pakistan Army Act.
Chief Justice Rejects Government’s Demand for Full Court on Military Courts Trial
ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial dismissed the government’s plea for a full court to adjudicate the multiple petitions contesting the trial of civilians in military courts, labeling the request as “impossible.”
During the hearing of the petitions at the apex court, a six-member bench, including Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik, were present.
In response to the government’s request, Attorney General for Pakistan (AGP) Mansoor Usman Awan conveyed their plea to the CJP. However, the CJP responded, stating that the bench had already been constituted after consulting all available judges and forming it accordingly. Creating a full court at this point was technically unfeasible, the Chief Justice added.
He further explained that three judges had recused themselves from the case, and some were currently out of the country. In addition, two judges had excused themselves on the first day of the hearing, leading to a reduction in the bench from nine to six.
Chief Justice Bandial reiterated that no judge had any personal interest in a case of public importance. The government had previously objected to one of the judges during the second hearing, which took the bench by surprise.
The Petitions After the arrests related to the violent riots on May 9, the government had announced its decision to conduct military court trials for those found guilty of attacking military installations, a move that faced criticism from both the government and the army.
In response, 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, approached the apex court, seeking a declaration of the military trials as “unconstitutional.”
The former CJP, through his lawyer, argued that Section 2(1)(d)(i) and (ii) of the Pakistan Army Act violated the fundamental rights granted by the Constitution and should be struck down.
Additionally, five civil society members represented by Faisal Siddiqi urged the apex court to deem the trial of civilians in military courts as illegal.
Similarly, Ahsan’s petition challenged the government’s decision to try civilians in military courts.
Published in PakWeb, July 18, 2023.
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