ISLAMABAD , June 23, 2023: The Supreme Court on Friday resumed the hearing on the constitutional pleas challenging the government decision to try civilians in military courts for their alleged involvement in the May 9 violent protests.
A seven-member larger bench headed by Chief Justice of Pakistan Umar Atta Bandial is hearing the case. Justice Ejazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Naqvi and Justice Ayesha Malik are the members of the bench.
The PDM government had decided to try civilians in military courts after the Pakistan Tehreek-e-Insaf (PTI) workers vandalised army installations following the arrest of their party chief.
The petitions, filed by the PTI chairman, former chief justice Jawwad S Khawaja, senior lawyer Aitzaz Ahsan, and Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, have requested the apex court to declare the trial of civilians in military courts unconstitutional.
A nine-member larger bench had taken up the pleas on Thursday. However, the bench was dissolved after Justice Qazi Faez Isa and Justice Tariq Masood object to it.
Justice Isa objected that he “did not consider the bench a bench until the Supreme Court first issue a verdict on the Supreme Court Practice and Procedure Act, 2023.” And Justice Masood backed him.
CJP Bandial had said as the two senior judges had raised questions over the bench, the stay order on the law might be lifted.
The CJP then constituted a seven-member bench which started hearing the pleas.
CJP Bandial observed that the court would “quickly” wrap up the case and asked the government to provide complete details of the arrests made after the May 9 incidents.
“It is not right to issue stay orders on everything,” the CJP said when Latif Khosa pleaded for it.
Earlier, Khosa was asked to inform the court about the law on the basis of which punishments were being awarded, and the basis on which civilian cases in the anti-terrorism courts were being transferred to military courts.
Khosa submitted that the Pakistan Army Act does not mention civilians. On it, Justice Shah said he believed that civil laws have stricter punishments than military ones.
The CJP also said that private conversations were recorded and privacy was breached.
The court was also informed that the “military trials of the civilians are underway”.
Today, Advocate Faisal Siddiqui will argue the case.