Supreme Court Establishes Larger Bench to Review Appeals on Civilian Trials in Military Courts
The Supreme Court of Pakistan has taken a significant step by establishing a larger bench to review appeals related to the trial of civilians in military courts. The six-member bench, led by Justice Tariq Masood, is scheduled to conduct the hearing on December 13, indicating the gravity and complexity of the issues at hand.
The bench comprises Justice Aminuddin, Justice Hasan Azhar Rizvi, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, and Justice Irfan Saadat. The decision to assemble a larger bench underscores the importance of addressing legal intricacies and ensuring a fair and just legal process in cases involving civilian trials in military courts.
As the hearing date approaches, there is heightened anticipation regarding the legal arguments and discussions that will take place before the larger bench. The outcome of this deliberation could have profound implications for the legal framework surrounding civilian trials in military courts, making it a closely monitored event.
In summary, the formation of the larger bench in the Supreme Court for the appeal against civilian trials in military courts is a crucial step. The composition of the bench and the scheduled hearing on December 13th highlight the gravity and importance of the issues, showing the judiciary’s commitment to a fair resolution.
On October 23, the Supreme Court had declared that the trial of civilians cannot be conducted in military courts. It declared Section 2(D)(1) of the Army Act unconstitutional by a majority of 4-1.
The court ruled that the 102 civilians accused of May 9 violence cannot be tried in military courts and their cases should be heard in civilian criminal courts.
A five-member bench, headed by Justice Ijazul Ahsan, had taken up the case. The bench also included Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahar Ali Akbar Naqvi. The court had disposed of nine petitions against the trial as withdrawn.
Later, on November 13, the Senate had passed a resolution in response to the Supreme Court’s ruling against military courts.
During a Senate session chaired by Chairman Sadiq Sanjrani, Senator Dilawar Khan presented the resolution, expressing the Upper House’s concerns regarding the Supreme Court’s ruling.
The resolution argued that the apex court’s ruling interferes with the legislative authority of parliament. It emphasized that actions against terrorists should be conducted through military courts, which have been in operation since 1967.
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On November 17, the federal and Balochistan governments had challenged the decision of the Supreme Court against establishment of the military courts.
The governments had filed an intra-court appeal in the apex court through the attorney general for Pakistan, contending that the SC verdict should be annulled.
“The order of the division bench should be stayed pending the decision on the appeal,” an appeal prayed to SC.
