ISLAMABAD: Pakistan’s Chief Justice Umar Ata Bandial stated on Thursday that the Supreme Court would “quickly” conclude the appeals against the prosecution of civilians in military courts and declined to order a stay of the proceedings.
The Chief Justice of Pakistan, who presided over a seven-member bench that included the judges Ijazul Ahsan, Mansoor Ali Shah, Muneeb Akhtar, Yahya Afridi, Ayesha Malik, and Mazahir Ali Naqvi, said, “It is not right to issue stay orders on everything.” Earlier, a nine-person bench was assembled to hear the arguments, but Justices Qazi Faez Isa and Tariq Masood objected to the bench’s assembly. Justice Masood concurred with Senior Puisne Judge Justice Faez Isa’s statement that he “did not consider the nine-member bench a bench.”
Justice Isa stressed that the court should first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, and then constitute new benches. An eight-member larger bench of the SC had on April 13 ordered that even if the Practice and Procedure Act, received the assent of the president, the law would not be acted upon in any manner till further order. “I will not accept this court until a decision is issued on the Supreme Court Practice and Procedure Act. All decisions are unconstitutional until the verdict on this act is issued,” Justice Isa said, but noted that he was not recusing himself from the bench. Responding to the judge’s concerns, CJP Bandial said he had constituted the bench in line with the law. Then, the hearing resumed with seven members, and after hearing arguments, it was adjourned till tomorrow morning 9:30am. The petitions separately filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, former chief justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali are against the trial of military courts. The government decided to try civilians in military courts after people allegedly belonging to the Pakistan Tehreek-e-Insaf (PTI) resorted to attacking army installations on May 9, following the arrest of their party chief. When the hearing resumed,
Justice Shah informed the court that he was a relative of petitioner Khawaja and that if anyone had concerns about his inclusion in the bench, he would recuse himself. At this, Attorney General for Pakistan Mansoor Awan said he had no reservations against his inclusion in the bench. Then, CJP Bandial directed all the parties to keep the arguments short as the court was hearing the case amid summer vacations. Khosa started his arguments by saying that Article 245 was imposed in the country. At this, Justice Shah remarked that the federal government had issued orders for the revocation of the notification. When CJP asked whether civilians were being tried in military courts, the lawyer responded: “Yes, military trials of civilians is underway.” “The notification of the National Security Committee (NSC) meeting that there were irrefutable evidence for May 9 events,” Khosa maintained.
