Supreme Court rejects formation of full court
ISLAMABAD ( Web News )
The Supreme Court rejected the formation of a full-court for the hearing of petitions challenging the trial of civilians in military court.
The Chief Justice of Pakistan Umar Ata Bandial announced the reserved verdict today. He said that the SC bench will continue to hear the case whether ‘someone likes it or not.’
“Full court is not available till September,” Chief Justice of Pakistan (CJP) Umar Ata Bandial said.
A six-member bench, comprising CJP Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, was hearing the case.
The CJP also hoped that the civilians would not be tried till the conclusion of the ongoing case.
While announcing the verdict, the CJP said that court holidays are going on while there are other engagements of the judges.
He said that a full court was formed by dissolving other benches on two occasions earlier.
The Supreme Court of Pakistan announced the verdict on a plea requesting the formation of a full court to address the issue of military trials of civilians arrested for their involvement in the May 9 violent protests.
Karamat Ali filed the fresh application under Order 33 Rule 6 of the Supreme Court Rules 1980 through his lawyer, Faisal Siddiqui.
Siddiqui urged a comprehensive court with all willing judges to decide complex constitutional and legal issues in the case.
The six-member bench reserved the verdict on Tuesday during the hearing of identical petitions challenging the government’s decision to conduct trials of civilians in military courts.
On Monday, Faisal Siddiqui made the request to constitute a full court for the ongoing hearing. An argument was made that only a judgment of the full court can prevent any future attempts to sabotage the present petition’s judgment and related petitions in a contemptuous manner.
During last hearing, Attorney General of Pakistan Mansoor Usman Awan presented a list of 102 suspects in the military’s custody. The AGP explained that the arrests were based on evidence and CCTV camera records. He stated that seven suspects were directly involved in the attack on the General Headquarters.
Justice Naqvi raised concerns about selective arrests and questioned the release of other suspects. The AGP denied any “pick and choose” approach in the arrests.
The Chief Justice emphasized the need for an independent body to review the arrests and ensure they were based on solid evidence. He directed the AGP to seek directives from the government before presenting further arguments on his appeals. The SC previously allowed AGP Awan one month to seek government directives on appeal rights for military court trials.
Karamat Ali’s lawyer began arguments on the plea, citing Mustafa Khar’s case as the oldest military trials case. He stated that the apex court traditionally heard military trial cases under a full bench. He clarified that the constitution of a full court bench at this stage would not affect their plea.
The CJP asked all petitioners for their stance on the request for a full court. Only the lawyers of Zaman Khan Wardag and Karamat Ali favored the request. The lawyers of Pakistan Tehreek-e-Insaf Chairman Imran Khan and the Supreme Court Bar Association opposed it.