Key election and military court cases on docket

The Supreme Court would take up two major cases – holding general elections within 90 days of the dissolution of the assembly and challenging the trial of civilians in the military courts – next week, according to the apex court cause list issued on Friday.

In the coming judicial week, six regular benches and a five-judge larger bench would hear a total of 455 cases. The highest number of cases, 180, would be heard by a division bench comprising Justice Sardar Tariq Masood and Justice Musarrat Hilali, the cause list suggested.

The five-judge bench led by Justice Ijazul Ahsan and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha Malik would hear 13 petitions against the trial of civilians in the military courts on Monday, Oct 23.

The petitioners included former Supreme Court chief justice Jawad S Khawaja, senior Advocate Aitzaz Ahsan, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Hafeezullah Niazi and the Supreme Court Bar Association (SCBA).

The last hearing of the case was held on Aug 3 before a six-member bench led by then chief justice Umar Ata Bandial. Now, after the retirement of chief justice Bandial, the remaining five judges had been kept on the bench to proceed further on the petitions.

Simultaneously, the petitions related to the holding of general elections in 90 days had also been scheduled for hearing.

A three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah would hear the petitions on Monday.

In the petitions, the Aug 7 notification of the approval of the digital census, 2023, by the Council of Common Interests (CCI), and the amendment to Section 57 of the Elections Act that empowered the chief election commissioner (CEC) to announce the election date, had been challenged.

The petitioners in the case, including the SCBA, the PTI and others, had taken the plea that the general elections in the country should be held within 90 days of the dissolution of the assembly in accordance with the Constitution.

Also another constitutional petition, seeking the general elections for the National Assembly and the provincial assemblies on the same day, had also been fixed for hearing on Tuesday, Oct 24.

The bench led by the Chief Justice Isa would hear the petition.
Meanwhile, a three-judge committee constituted under the Supreme Court Practice and Procedure Act (SCPPA) led by Chief Justice Isa and comprising senior puisne judge Sardar Tariq Masood, and next senior-most judge Justice Ahsan had ordered for preparing a list of cases under Article 184(3).

Sources said that directions had been issued for separating the cases under Article 184(3) – public interest litigation and those pertained to the interpretation of the Constitution.

As per the SCPPA, the cases of interpretation of the Constitution would be heard by a larger bench of at least five judges.