Military courts: SC rejects govt's plea for full court

ISLAMABAD: The Supreme Court (SC) has turned down the plea of the federal government to form a full court for hearing pleas challenging trials of civilians in the military courts, ARY News reported. 

A six-member bench headed by CJP Justice Umar Ata Bandial comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik is hearing the pleas against military courts.

President of the Supreme Court Bar Association Abid Zuberi in his arguments before the court that the judgment in Liaquat Hussain’s case in 1999 set the standards that a civilian cannot be tried in the military courts.

“I have submitted my answer to the SC and will assistant the bench on five points,” he added.

Zuberi further said that the judgments of the court are already available according to which the trial of the accused can only be held in the military courts over ‘direct’ involvement.

Justice Yahya Afridi asked the SCBA president to clarify whether a civilian cannot be tried in the military courts without a constitutional amendment. Yes.. civilians cannot be tried in military courts without amendment in the constitution, he replied to Justice Afridi.

Read more: SC to hear pleas against military courts on July 18

CJP Bandial asked what will happen if the direct connection of the accused is proven. Zuberi in such a situation, a special amendment will be made in the constitution for the trial of the civilians.

Following the completion of the SCBA president’s arguments, Attorney General of Pakistan (AGP) Mansoor Usman Awan began his arguments.

Tarni General Mansour Usman Awan began the arguments by saying that the 21st constitutional amendment and Liaquat Hussain cases were also discussed before the court. To this, Justice Munib Akhtar asked how a civilian can be tried in the military courts.

The AGP said a 9-member bench gave judgment in the Liaquat Hussain case.

Justice Ayesha Malik remarked the federal government objected to a member of the SC bench itself now, how can the government plead for the formation of the full court?

The government pleaded to make the full court of the available judges, AGP Awan replied. The CJP in his remarks said that he respects the opinion of every judge of the apex court. Justice Yahya Afridi spoke about the trust in the court.

There are holidays, and judges are not available in Islamabad but asked the available judges to join the hearing of this important case, the CJP remarked.

CJP Justice Bandial said that Justice Mansoor Ali Shah recused himself from the bench after the reservations raised by the government, which were a ‘surprise’ for the court.

Later, the court rejected the government’s plea of forming a full court for hearing the pleas against military courts.

Military trials

In the month of May, the government decided to try the suspects accused of attacking military installations on May 9 under army laws.

Violent clashes broke out across Pakistan after the former prime minister and Pakistan Tehreek-e-Insaf was arrested from the premises of the Islamabad High Court (IHC) on May 9.

Army installations, Corps Commander’s house in Lahore and General Headquarters (GHQ) in Rawalpindi came under attack during a protest by PTI workers.