SC likely to resume hearing military trial case

ISLAMABAD:

A five-member larger bench of the apex court is expected to hear the constitutional petitions challenging the trial of alleged May 9 rioters in military courts next week.

Led by Justice Ijazul Ahsan, the bench is likely to include Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar, and Justice Ayesha Malik.

The same judges were also part of the six-member bench led by former Chief Justice of Pakistan (CJP) Umar Ata Bandial that was previously handling this matter. It has been reported that the roster for this larger bench has been issued, and the case is likely to be listed for a hearing on Monday.

Earlier, on Thursday, CJP Qazi Faez Isa mentioned that the SC would be taking up petitions regarding holding general elections within 90 days and those challenging trials of civilians in military courts.

He stated, "Cases seeking timely general elections and those related to trials of civilians in military courts will be listed soon. Difficult cases are about to come up in the Supreme Court, and it will be tough to schedule other cases during this period," while hearing a matter related to Pak Arab Refinery.

Despite the petitioners' requests, the six-member SC bench adjourned the military trials case for an indefinite period on August 3.

During the last hearing, Attorney General for Pakistan (AGP) Mansoor Awan was defending the trial of civilians in military courts and said the matter of providing an appeal on facts and law against conviction by a court-martial is under serious consideration, seeking further time in this regard.

Previously, the same bench had disposed of the civil society members' application for the constitution of a full court, stating that it was the sole prerogative of the CJP to constitute a full court.

The order mentioned that forming a full court bench wasn't feasible during the summer vacations, and some judges were unavailable or had declined to hear the petitions.

Counsels for the petitioners may once again request the larger bench to constitute a full court. One of the petitioners, Junaid Razzaq, submitted an application for an early hearing of the petition.

The petitioner claims that the commencement of military court trials for civilians is a clear violation of the apex court's August 3 order and requested that the case be scheduled for the third week of October.
Additionally, the petitioner filed an application urging the Supreme Court to immediately halt the military court's proceedings in his son's case.

If the five-member bench led by Justice Ijazul Ahsan gives a decision in the military trial case, and an appeal is filed against it, then a larger bench comprising other judges will hear the matter.

Lawyers believe that both cases—the petitions seeking timely elections and those seeking cessation of military court trials—are very crucial as they involve the interests of the security establishment.