ISLAMABAD: The Supreme Court on Monday rejected petitions seeking to delay hearings on the trial of civilians in military courts. The court expressed frustration at the tactics used by one of the petitioners to postpone proceedings.
A seven-member constitutional bench, led by Justice Amin-Ud-Din Khan, heard multiple petitions challenging civilian trials in military courts. The bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.
Justice Ayesha A Malik was not part of the bench. The Constitutional Committee ruled that since she was involved in the earlier judgment being challenged, she could not sit on this bench.
The bench dismissed a petition by former Chief Justice Jawwad S. Khawaja, which sought to adjourn the case until issues related to the 26th Constitutional Amendment were resolved. This amendment created the constitutional bench, which oversees constitutional matters and exercises suo motu powers.
During the session, the court fined the former chief justice Rs20,000 for delaying proceedings.
Courtroom Proceedings
The bench questioned Khawaja’s lawyer about the constitutional bench’s authority. “Do you recognize this bench?” the court asked. The lawyer replied, “I do not accept the bench’s jurisdiction.”
Justice Mandokhail reacted strongly, saying, “Then you may leave the courtroom.” The lawyer argued that the bench was formed by the Judicial Commission, prompting Justice Mandokhail to inquire whether the 26th Constitutional Amendment had been invalidated.
Justice Muhammad Ali Mazhar accused the lawyer of stalling the case, stating, “Every hearing brings a new excuse for delay.” He added that those detained under military courts were awaiting resolution.
The court also summoned Hafeezullah Niazi, asking if he wanted to proceed with the case. Niazi confirmed his intent. Justice Musarrat Hilali urged him to consider those suffering in custody. “You are delaying because no one close to you is in detention,” she remarked.
Justice Mandokhail clarified that the Supreme Court operates under the 26th Constitutional Amendment. He emphasized that all benches are formed under this amendment, and even cases challenging the amendment will be heard by such benches.
This decisive action by the Supreme Court underscores its commitment to resolving cases swiftly and maintaining judicial integrity under constitutional provisions.
