SC yet to take up pleas against military courts

Judges still on benches despite summer vacation


Hasnaat Malik June 18, 2023
A general view of the Supreme Court of Pakistan in Islamabad, Pakistan April 4, 2022. PHOTO: REUTERS

print-news
ISLAMABAD:

The Supreme Court is yet to entertain any constitutional petition challenging the trial of civilians in military courts under the Army Act.

So far three main petitions have been filed in the apex court against civilians' trials in the military courts. One plea was moved by PTI chairman and deposed premier Imran Khan through his lawyer, Hamid Khan.

The second one was filed by civil society members through Advocate Faisal Siddiqi. Now senior politician Chaudhry Aitzaz Ahsan has also challenged the trial of civilians in the military courts.

The SC registrar returned Imran’s petition by raising several objections. Subsequently, an appeal was filed against the Registrar Office’s objections. The status of the other two petitions is unclear. They were neither returned, nor numbered. It is witnessed that the Professional Lawyers Group, which is known as pro-PTI, is active against civilians’ trials in the military courts.

The group has already organised a convention in Lahore against the trial of civilians under the Army Act. There are also allegations that the petitions against the military courts are being filed with the collaborative efforts of the PTI. The members of this group are optimistic that Chief Justice of Pakistan Umar Ata Bandial and his ‘like-minded judges' will pass orders against the military courts after Eidul Azha.

However, one section of the lawyers believes that CJP Bandial is not in a position to pass any coercive order in this matter before his retirement.

The government and ‘powerful circles' have the major advantage that the superior judiciary is divided on account of internal disputes.

Summer vacation has already started in the apex court. However, the majority of the top court judges are still on the bench next week. It is witnessed that Independent Lawyers Group, which is known as pro-government, is also not supporting civilians’ trials in military courts.

However, they are not effectively opposing them either. The civilians, who will be tried in the military courts, are those involved in attacking civil and military installations on May 9, the day the PTI chief was arrested from the premises of the Islamabad High Court by dozens of Rangers personnel in connection with a corruption case.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ