SC suspends military court verdict with majority

ISLAMABAD: The Supreme Court (SC) on Wednesday suspended its earlier verdict of voiding the civilians’ trials in military courts, ARY News reported.

On October 23, the Supreme Court (SC) announced its verdict by 4-1 in pleas against civilian trials in the military courts. The PTI chairman and others moved the top court challenging the military trial of civilians named in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in the Al-Qadir Trust case.

A six-member larger bench, headed by Justice Sardar Tariq Masood, is hearing the appeals. The bench also includes Justice Aminuddin, Justice Hassan Azhar Rizvi, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali and Justice Irfan Saadat.

The intra-court appeals have been filed by the federal and provincial governments, as well as the Defence Ministry. The federal government has also sought a stay on the court verdict as well as appealed to declare the decision null and void.

The SC announced the verdict with a 5-1 majority on a set of intra-court appeals (ICAs) filed against the ruling of October 23.

Justice Musarrat Hilali is the only judge to have opposed the decision.

Earlier, the decision was reserved by the SC after hearing arguments from the respondents.

As the hearing commenced, Former CJP Justice (r) Jawwad S. Khawaja’s lawyer Latif Khosa in his arguments said, we have reservations on the bench.

Please sit down, we will hear you at your turn, SC bench head asked Khosa. “We have reservations on the bench and you are continuing with the proceedings,” Khosa questioned Justice Tariq.

Please let the case be taken, Justice Tariq Masood and refused to step down from the bench, citing the applicant’s own earlier decision that recusing from a bench was a judge’s prerogative.

“Pardon me, but I do not step down from the bench,” Justice Masood insisted and rejected the former CJP’s objection.

Attorney General of Pakistan, Mansoor Awan, pleaded with the court to nullify its October 23rd orders. After being asked by the honorable bench members, why the AGP is in a hurry, he replied due to this, cases of other hardcore terrorists are also pending in the military courts.

Later, the SC adjourned the hearing of the case.