The Supreme Court of Pakistan (SCP) on Thursday adjourned the hearing of pleas challenging the trial of civilians in military courts till tomorrow (Friday).
A nine-bench member was earlier formed to hear the pleas, but Justice Qazi Faez Isa and Justice Tariq Masood objected to the bench’s formation.
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Senior Judge Justice Faez Isa said he “did not consider the nine-member bench a bench”, with Justice Masood backing him.
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.
After which newly-constituted seven-member bench conducted a hearing on pleas challenging the trial of civilians in military courts.
Today’s Hearing
At the outset of the hearing, Justice Isa remarked that he was surprised to see his name on the cause list for this hearing at 8pm on Wednesday (a day earlier).
“I am not a part of the bench hearing the [case related to] Supreme Court Practice and Procedure Bill so I will not make any remark about it,” the senior-most SC judge said.
He said that it should be seen what the SC rules say. Article 175/2 of the Constitution gives the court powers to conduct a hearing, he added.
He questioned if this was the importance of a decision made by the apex court.
Justice Qazi Faez Isa said he cannot remain part of the bench as he does not consider it a ‘bench’. I will not be part of any bench until the decision is reached on the Supreme Court Practices and Procedure Bill, he added.
“I’m leaving this bench.”
The CJP then formed a new bench after excluding Justice Isa and Justice Masood.
When the hearing resumed at 1:30pm, Justice Shah informed the court that he was a relative of petitioner Khawaja and that if anyone had reservations 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.
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.
The hearing was subsequently adjourned till 9:30am tomorrow (Friday). The court also sought arguments from Faisal Siddiqi tomorrow.
Pleas
The petitions against military courts formation were filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman.
Former chief justice of Pakistan (CJP) Jawwad S Khawaja challenged the trial of civilians in military courts in the Supreme Court (SC), demanding to declare the move ‘unconstitutional’.
The petition named the Federation of Pakistan through secretaries of law and justice, interior, defence, and chief secretaries of Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan as respondents in the case.
CJP Jawwad Khawaja, in his plea, maintained that the trial of civilians by military courts in the presence of civilian ones is unconstitutional. The plea contended that proceedings of a court martial were only appropriate and lawful in the case of army officers.
The plea demanded to declare “any proceedings against civilians on the basis of the impugned sections unlawful”. It prayed the court should direct that such civilians be transferred to the competent civilian authorities for appropriate proceedings before ordinary criminal courts.
The petition came after Chaudhry Aitzaz Ahsan filed a similar petition in the Supreme Court, challenging the trials of civilians in military courts.
