ISLAMABAD: The Supreme Court (SC) accepted requests for the formation of a larger bench to address appeals concerning the cancellation of trials of civilians in military courts.
Presiding over a six-member bench, headed by Justice Aminuddin, heard the case against military courts. The other judges includes Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musrrat Hilali, and Irfan Saadat Khan.
During arguments presented by the lawyer representing former CJP Jawad S. Khawaja, it was noted that two SC judges, Justice Afridi and Justice Mansoor Ali Shah, had suggested the formation of a larger bench to adjudicate these appeals.
Justice Aminuddin sought clarification on the influence of such notes from judges, to which Justice Muhammad Ali Mazhar pointed out that Justice Afridi’s observation was confined to the final verdict.
Responding to a query from Justice Musarrat Hilali, the lawyer acknowledged that if the current six-member bench were to deliver a split verdict of 3-3, the pleas would face rejection. Consequently, Justice Muhammad Ali Mazhar suggested that a larger bench might be necessary under such circumstances.
The Supreme Court, upon accepting the requests for a nine-member or larger bench, referred the matter concerning military courts to the judges’ committee for further deliberation.
In a previous hearing, the Supreme Court had instructed the attorney-general to provide details of individuals sentenced to three years in jail by military courts. Notably, the court ordered the release of 20 individuals who had been sentenced to one year in jail before Eid. The details of those released on Eid were duly submitted to the Supreme Court.
Regarding the military trials, the government announced its decision in May to prosecute suspects accused of attacking military installations under army laws. This decision came in the aftermath of violent clashes across Pakistan, sparked by the arrest of the former prime minister from the premises of the Islamabad High Court on May 9. Notable targets of these attacks included army installations, the Corps Commander’s residence in Lahore, and the General Headquarters (GHQ) in Rawalpindi during a protest by PTI workers.
In response to these developments, PTI founder Imran Khan, former Chief Justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and five civil society members, including Piler Executive Director Karamat Ali, petitioned the apex court to declare the military trials “unconstitutional”.
