ISLAMABAD: The six-member bench of the Supreme Court (SC) on Tuesday reserved its verdict on a fresh petition seeking the formation of a full court to hear pleas challenging trial of civilians in military courts.
The bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, is comprised of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik.
Earlier, the apex court had rejected the federal government’s plea to constitute a full court for the hearing of military trial case.
Yesterday, senior lawyer Faisal Siddiqi on behalf of civil society members, filed the fresh petition pertaining to the trial of civilians in the military court. “The full court should include all judges willing and available for the adjudication on the fundamental and complex constitutional and legal questions,” it said.
The petition further stated that the petitioners would have no objection if all the judges of the Supreme Court were part of the proposed full court. “It is categorically stated that unlike the government’s malafide actions, the petitioners have no objection, whatsoever, on any judge willing and available to hear this case,” it added.
During the hearing, the CJP discussed the plea with other petitioners in the case and then reserved the verdict on Siddiqi’s application. He said that the bench would announce the decision after discussion. Justice Bandial added that lawyers would be informed in the instance of a delay in the verdict.
At the outset of the Tuesday hearing, the CJP noted that senior counsel Faisal Siddiqi had petitioned the court a day earlier to form a full court to hear pleas against the military trial of civilians.
Justice Bandial then said that the bench would first hear the arguments of ex-CJP Jawwad S. Khawaja’s lawyer. “My client is the former chief justice of Pakistan,” Advocate Khwaja Hussain Ahmed said. “My client wants the court to treat me like a common citizen, not a special person. He wants ‘ex-chief justice’ to be removed from his name.”
Here, Justice Bandial said that the former chief justice was a prominent personality and his petition was non-political. At one point, the apex court judge also asked if Faisal Siddiqi was hiding, to which he was told that the counsel was outside the courtroom for some work and would return soon.
As the hearing continued, Justice Naqvi said the law didn’t give permission to pick and choose, asking why the inquiry [against civilians] was not brought on record.
For his part, the AGP replied that a lot of caution was exercised. “Only people directly involved were sent to military courts. Those who entered the Lahore corps commander’s residence have been sent to military courts.” Justice Bandial subsequently remarked that Awan’s claim could be proven if there was content on the trials available at any forum.
