CB to hear military trial appeal soon

ISLAMABAD:

The fate of over 100 PTI activists detained by military authorities is expected to be decided soon by the Supreme Court. Chief Justice of Pakistan (CJP) Yahya Afridi has scheduled a Judicial Commission of Pakistan (JCP) meeting for December 6 to nominate an additional judge to the Supreme Court's Constitutional Bench (CB).

The CB, currently comprising seven judges, will hear the federal government's intra-court appeals (ICA) challenging the Supreme Court's October 2023 verdict in the military trial case.

On October 23, the Supreme Court invalidated a section of the Pakistan Army Act, 1952, that permitted civilians to be court-martialed. The majority judgment was authored by Justices Munib Akhtar and Ayesha A Malik, with Justice Yahya Afridi dissenting in the 4-1 verdict.

Sources said Justice Shahid Bilal Hassan has been recommended for the CB, which was constituted following a constitutional amendment earlier this month.

Earlier, a three-member committee led by Justice Aminuddin Khan had approached the JCP for this nomination. Justice Ayesha A Malik, who endorsed the October verdict, was part of the previous larger bench hearing the ICA.

There is an ongoing debate as to why senior SC judge Shahid Waheed is not being recommended for the CB as he was part of the larger bench that was hearing the government's ICA against the October 23 order prior to formation of the CB.

During the hearing of the case, a difference of opinion was witnessed between Justice Muhammad Ali Mazahar and Justice Shahid Waheed on the scope of the ICA. Justice Waheed had also raised questions as to why the accused PTI workers facing military trial should not be granted bail.

It is not clear as to who has recommended Justice Shahid Bilal Hassan for the CB. The CB is expected to give a final decision on the ICA before winter vacations.

The court's inability to decide the case has sparked speculation, highlighting an internal conflict within the SC as the primary cause for this delay.

The legal tactics employed by the petitioners seem to have failed to grease the wheels of justice and expedite the resolution of the case.

In December last year, a larger bench led by Justice Sardar Tariq Masood had suspended the SC judgement and allowed the trial of civilians in military courts without announcement of judgement.

After a couple of months of hearing, Justice Sardar Tariq recused himself after objections were raised against Justice Masood. Subsequently, a larger bench led by Justice Aminuddin Khan was formed to hear the matter. The same bench also conditionally allowed the trial of civilians in military courts.

More than a dozen individuals were released after completing their sentence. The bench again referred the matter to the SC committee for the constitution of a new larger bench.

When the bench started hearing, the summer vacation started and the case was adjourned for an indefinite period. Now the bench is expected to resume the hearing soon.