The Supreme Court has rejected the government’s request for the formation of a full court bench to hear the petitions against trial of civilians in military courts.
A six-member bench of the SC headed by Chief Justice of Pakistan Umar Ata Bandial is hearing multiple petitions against the trial of civilians in military courts.
The bench also includes Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.
Initiating arguments, one of the petitioners, Supreme Court Bar Association President Abid Zuberi, told the court that as per rules, civilians cannot be tried in military courts.
“The Supreme Court decided this principle in 1999 in the Liaquat Hussain case,” he explained.
He added that he will start his arguments on Article 83A of the Constitution, adding according to the clause, civilians cannot be tried in military courts.
The court talked about judicial review in the 21st constitutional amendment decision, Zuberi remarked, adding that the main point is how the allegations will be linked to the suspects.
“Courts have said that there will be a trial in military courts only if there is a direct link,” he said.
Explain the point that connecting a suspect will be the justification for the trial, commented Justice Afridi.
He asked if the petitioner was saying that the trial of civilians cannot take place without a constitutional amendment.
The CJP asked if the lawyer was saying that connecting a suspect to the allegations is the first necessity of a trial.
“According to you, even if there is a relationship, there can be a trial only after a constitutional amendment?” the CJP asked further.
Justice Ijazul Ahsan remarked that in the the Liaquat Hussain case, the trial was conducted without a constitutional amendment.
“If there is an internal relationship with the army, still there will be a need for a constitutional amendment?” the CJP asked.
The request is that in the current situation, the trial is possible only after a constitutional amendment, Zuberi remarked.
The Official Secrets Act has been applied to some people over the May 9 events, but not to others, the senior lawyer remarked, adding that if there has to be a special trial, a special court will have to be created through a constitutional amendment.
“By special court you mean a court which is subordinate to the high court?” CJP Bandial asked.
The SCBA chief responded that those conducting a trial in military courts are not judicial, but executive members.
After a trial, there should be a judicial review in the high court and Supreme Court, he added and further said the 21st constitutional amendment was meant for a specific period.
“In the Liaquat Hussain case, it was said that the military authorities can conduct an investigation, not a trial,” CJP Bandial remarked.
“Who will decide who will be tried under the Army Act and who will not?” asked Justice Ahsan.
Zuberi replied that it is the job of the police to investigate, and they will decide the matter.
Attorney General for Pakistan Mansoor Usman Awan started his arguments on the applications.
He said the counsel for the petitioners referred to FB Ali and two more judgments, while the 21st constitutional amendment and the Liaquat Ali Khan case verdicts were also presented.
A full court gave a verdict on the constitutional amendment, the AGP said, and also read out Justice Afridi’s note from June 30.
He further said he backed the judge’s suggestion for the constitution of a full court bench. He then requested for the constitution of a full court.
Justice Malik asked the AGP to read the court’s June 26 verdict, recalling that the government had already objected to a judge, asking how he can hear the case.
The AGP then suggested forming a full court bench on the available judges.
“You are asking for 17 judges to be available for the case, which is not possible,” Justice Malik remarked.
The CJP expressed satisfaction that those detained by the military are being allowed to meet their families.
He then rejected the AGP’s request for formation of a full court, saying judges are not available at this point, so it would not be possible.
The court then adjourned proceedings till tomorrow. The CJP said the court is on holidays, and Justice Athar Minallah is abroad, while some other judges are also on leave.
“We will think about a full court, but its formation is not possible right now,” CJP Bandial stated.
The CJP remarked that the public has concerns that they should not be treated harshly, adding the Army Act is a strict law.
