Military courts trial: Justice Afridi urges CJP Bandial to form full court

ISLAMABAD: Supreme Court’s (SC) Justice Yahya Afridi, who is part of a six-member bench hearing petitions against the trials of civilians in military courts, has urged Chief Justice of Pakistan (CJP) Umar Ata Bandial to reconstitute a full bench on the matter, ARY News reported on Tuesday.

According to details, Justice Yahya Afridi passed these remarks in an additional note following the hearing on Friday (June 23) of the petitions against the trials of civilians in military courts.

In an additional note made public today, Justice Afridi said that the entire edifice of a credible justice system was based on public trust.

“In the current politically charged scenario, where the term of the present government is drawing close to its end and the nation is gearing up for fresh elections, the political murmurings against the composition of the present bench could be palatable,” the top court judge said.

“But what is most serious and cannot be disregarded is that there are objections in writing from within the members of the bench, to the very constitution of the bench hearing the present petitions,” he pointed out.

Referring to the objections raised by Justice Qazi Faez Isa over bench, Justice Afirdi said the puisne judge had recorded his objections in writing which were now in the public domain.

“Thus the matter of the present composition of the bench warrants urgent attention and reconsideration by the CJP, lest it may dampen the public trust in the justice system,” he added.

Justice Afridi clarified that he was not “endorsing or agreeing” with Justice Isa’s reasons, adding that he did not find it “appropriate to comment on the legality thereof” at the present stage of the proceedings.

“Yet, even if one may not agree with the law points raised in the objections of the senior puisne judge, propriety demands taking appropriate measures for ‘maintenance of harmony’ with the court, the ‘integrity of the institution’ and ‘public trust in the court’,” he noted.

“As a first step, the appropriate measure, in my earnest view, would be that a Full Court Bench of this Court should be constituted to hear the present petitions,” he demanded.

Without taking such a measure, Justice Afirdi said any judgment rendered in these petitions by the present bench may lead to the “diminishing of the deference the decision requires and deserves”.

“It is, therefore, most earnestly urged that the Hon’ble Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a Full Court Bench.”

It is pertinent to mention here that a six-member larger bench comprising CJP Bandial, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik, is hearing pleas challenging the government’s decision to try civilians in military courts.

Earlier, the seven-member bench of the Supreme Court dissolved after Justice Mansoor Ali Shah recused himself from hearing over the reservations raised by the federal government.

The federal government noted that one of the petitioners, Jawwad S. Khawaja, was related to Justice Mansoor Ali Shah. Rescuing himself from the case, Justice Shah pointed out that this fact was highlighted at the very first hearing.

This was the second time the bench stood dissolved. Earlier, Justice Qazi Faez Isa had said he did not consider the SC bench “a proper court”, with Justice Sardar Tariq Masood also endorsing his point of view.