Justice Yahya Afridi Urged to Reconsider Composition of Bench for Military Courts Petitions
Justice Yahya Afridi, a member of the larger six-member Supreme Court bench overseeing petitions challenging the trials of civilians in military courts, has called for the Chief Justice of Pakistan, Umar Ata Bandial, to form a full bench to address the matter. In a note issued alongside the court’s order on the second day of proceedings regarding military courts’ petitions, Justice Afridi emphasized the importance of public trust in maintaining a credible justice system. He expressed concern over political murmurs questioning the composition of the current bench, particularly as the country approaches the end of the government’s term and prepares for fresh elections.
While Justice Afridi did not endorse or agree with the objections raised by Senior Puisne Judge Justice Qazi Faez Isa regarding the legality of the bench composition, he emphasized the need for urgent attention and reconsideration of the bench’s makeup by the Chief Justice. He cautioned that failing to address this issue could undermine public trust in the justice system. Justice Afridi did not comment on the legality of the ongoing proceedings at this stage but stressed the importance of maintaining harmony within the court, upholding the institution’s integrity, and preserving public trust.
Justice Afridi proposed that, as a first step, a Full Court Bench be constituted to hear the petitions currently before the court. He argued that without such a measure, any judgment rendered by the present bench could risk diminishing the respect and deference the decision requires and deserves. He earnestly urged the Chief Justice of Pakistan to consider reconstituting the bench and referring the petitions to a Full Court Bench.
Key Points:
- Justice Yahya Afridi urges the Chief Justice of Pakistan to constitute a full bench to address the composition of the Supreme Court bench handling petitions against trials of civilians in military courts.
- Concerns are raised over political murmurs questioning the current bench’s composition, potentially impacting public trust in the justice system.
- Justice Afridi emphasizes the need for maintaining harmony within the court, upholding the institution’s integrity, and preserving public trust through appropriate measures, including the formation of a Full Court Bench.
Published in PakWeb, June 27, 2023.
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