Government to Challenge Constitutional and Legal Status of Supreme Court Bench Hearing Military Courts Case
ISLAMABAD: The government is set to challenge the constitutional and legal status of a seven-member bench of the Supreme Court that is currently hearing pleas against the trial of civilians in military courts. The bench will resume the hearing tomorrow (Monday), as reported by The News.
Irfan Qadir, Special Assistant to the Prime Minister (SAPM) on Accountability, will represent Defence Minister Khawaja Asif before the bench during the upcoming hearing. The bench has also issued notices to Prime Minister Shehbaz Sharif, Interior Minister Rana Sanaullah, and Defence Minister Khawaja Asif in relation to the case.
Senator Barrister Dr. Farogh Naseem will appear on behalf of the prime minister, while Shah Khawar will represent the interior minister in court.
Qadir, a renowned jurist and constitutional expert who previously served as the country’s attorney general and judge of the superior court, had earlier raised objections to the legal and constitutional status of the bench in a talk show. He raised these concerns even before the first sitting of the nine-member bench, with Chief Justice Umar Ata Bandial as its head.
The designated Chief Justice Qazi Faez Isa and the second senior judge of the Supreme Court, Justice Sardar Tariq Masood, objected to the formation of the court and withdrew from the proceedings. Consequently, a seven-member bench was formed, with Chief Justice Umar Ata Bandial leading the bench, comprising Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi.
Qadir, in a conversation with The News, fully endorsed the objection regarding the constitution of the bench, terming it unconstitutional and illegal. According to him, the bench was established without consulting the three-member committee of the senior-most judges, which is against the existing law.
He further emphasized that any decision made by the current bench would hold no consequential effect, as the entire process is flawed and unconstitutional.
Sources indicate that the counsel representing Shehbaz and Sanaullah will also support Qadir’s position in this matter.
It is noteworthy that Qadir previously stepped down from his position as SAPM earlier this year when he appeared on behalf of the Election Commission of Pakistan in a case related to the Punjab Assembly’s elections. However, in this instance, sources reveal that he is representing the defence minister without resigning from his responsibilities as the SAPM.
The legal fraternity has been supportive of the legislation known as the Supreme Court Practices and Procedure Act 2023, as it curtails the powers of the chief justice and addresses the long-standing demand to eliminate the concentration of power in the superior judiciary.
Published in PakWeb, June 25, 2023.
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