ISLAMABAD: A fresh seven-member bench has taken charge of hearing a series of petitions that question the legality of conducting trials for civilians in military courts, in a decision taken after a previously constituted nine-judge bench was dissolved due to objections raised by justices Qazi Faez Isa and Sardar Tariq Masood.
At the outset of the hearing, Justice Isa, the incoming chief justice of the Supreme Court, expressed his lack of regard for the original bench that was presiding over the petitions.
His remarks — backed by Justice Tariq Masood, also part of the bench — were delivered during the hearing of challenges, which had been filed separately by prominent figures including former prime minister Imran Khan, former chief justice Jawwad S. Khawaja, barrister Aitzaz Ahsan, and Pakistan Institute of Labour Education and Research (PILER) Executive Director Karamat Ali.
On May 9, paramilitary forces arrested Khan on charges in an ongoing corruption case. In the hours after his arrest, many of his supporters erupted in protest. Some demonstrators attacked the General Headquarters (GHQ) in Rawalpindi, as well as other military and government buildings.
Khan’s arrest set into motion a new level of public defiance against the military. Many of his supporters already saw their leader as a target of the political establishment. Khan blamed the then-army chief for his removal by parliamentary vote last year and has accused the incumbent, Asim Munir, of orchestrating his May arrest.
The scenes captured on the night of May 9 were unprecedented, from a woman rattling the gates of the GHQ to a crowd setting a top army official’s house on fire.
Since May 9, authorities have detained thousands of Khan’s supporters on suspicion of their involvement in the destruction of state and military property. The government has accused PTI of inciting violence and taken swift steps to ensure that protesters are punished by approving the use of military tribunals overseen by army officials.
The petitions in the Supreme Court collectively contested the validity of conducting trials in military courts for civilians.
On Wednesday, the Supreme Court constituted the bench — led by Chief Justice Umar Ata Bandial and including Justice Isa — to hear the petitions.
“I do not consider this bench a bench,” Justice Isa said, adding that he could not become a part of any bench until the case relating to the Supreme Court (Practice and Procedure) Act 2023 — which aims to deprive the office of the chief justice of powers to take suo motu notice in an individual capacity — was decided.
At the same time, he said that he was not recusing himself from hearing the case.
Justice Masood also agreed with Justice Isa.
More details to follow
