SC to take up appeals against military trial verdict on Dec 13

Three-judge bench to hear Justice Naqvi plea

ISLAMABAD:

The Supreme Court is set to take up high-profile cases in the coming week, including the appeals against its verdict in the trial of civilians in military courts and pleas filed by Justice Sayyed Mazahar Ali Akbar Naqvi.

A Supreme Court larger bench will hear on Dec 13 the intra-court appeals against its judgment in the case of civilians being tried in military courts. The appeals have been filed by the caretaker governments and the defence ministry.

On Oct 23, a five-judge bench of the SC unanimously declared the trial of civilians in military courts as null and void and ordered that the 103 accused in cases relating to the violence on May 9 and 10 be tried under ordinary criminal laws.

Moreover, Justice Naqvi, who is facing complaints of misconduct, recently wrote a letter to the top court’s three senior-most judges’ panel to point out the silence over his petitions challenging the issuance of a show-cause notice to him by the Supreme Judicial Council (SJC) despite the lapse of time as stipulated in the SC (Practice & Procedure) Act, 2023.

A three-judge bench, comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail and Justice Musarrat Hilali, will hear his petitions on December 15.

A nine-member larger bench of the apex court led by Chief Justice of Pakistan Qazi Faez Isa will take up a presidential reference for revisiting the judgment wherein the death sentence of PPP founder and former premier Zulfikar Ali Bhutto was endorsed.

The bench will conduct its proceedings in courtroom No. 1 on December 12. These decisions were made by the SC three-member committee comprising CJP Isa, Justice Sardar Tariq Masood and Justice Ijazul Ahsan.

The other high-profile cases that will be tackled by the SC in the coming week include the evacuation of illegal Afghan residents, reclassification of commercial land in Karachi, and reinstatement of the FIR against PTI leader Moonis Elahi.

Read Punjab govt moves SC against military trials verdict

The top court has scheduled the hearing for petitions challenging the evacuation of foreign nationals, especially Afghan citizens, residing unlawfully in the country.

A three-judge bench, comprising Justice Masood, Justice Yahya Afridi and Justice Ayesha Malik, will hear these pleas on December 12.

Farhatullah Babar, Mushtaq Ahmed, Amina Masood Janjua, Mohsin Dawar, Jibran Nasir, Syed Muaz Shah, Pastor Ghazala Parveen, Imaan Zainab Mazari, Ahmad Shabbar, Advocate Imran Shafiq, Luke Victor, Sijal Shafiq, and Rohail Kasi are contesting the evacuation orders.

In a separate case, the dismissal of a Federal Investigation Agency (FIA) case against PTI’s Moonis by a special judge in Lahore and then the upholding of that decision by the Lahore High Court, has been challenged in the SC. 

The FIA has filed an appeal against the dismissal, leading to a review in the apex court.

Moreover, the SC, previously deliberating on the powers of the caretaker government, directed the attorney general for Pakistan (AGP) to assist the court in forming a larger bench to interpret its authority.

In addition, review petitions challenging the decision on the reclassification of land in Karachi to commercial status will be heard in the coming week as well. A three-judge bench, led by Justice Ahsan, is scheduled to hear the matter on December 11.

The court has issued notices to all relevant parties, including the Sindh government, following its earlier ruling invalidating the conversion of public land into residential and commercial categories.

These petitions stem from a challenge initiated in 2010 by former Karachi nazim Niamatullah Khan against the alteration of public land's categorisation.

A five-judge bench, led by CJP Isa, will also take up on December 14 former Islamabad High Court judge Shaukat Aziz Siddiqui's petition against his removal.

It is expected that the proceedings of both Bhutto and the ex-IHC judge’s cases will be available on the SC website.