Civilians’ trial in military courts: Matter referred to judges panel for larger bench

Civilians’ trial in military courts: Matter referred to judges panel for larger bench

Islamabad: The Supreme Court of Pakistan on Wednesday referred the civilians’ trials in military courts case to the matter to the Practice and Procedure Committee for reconstitution of the bench.

A six-member larger bench headed by Justice Aminuddin and comprising Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan, conducted the hearing on the case.

During the hearing, petitioner former chief justice Jawad S Khawaja’s lawyer Khawaja Ahmad Hasan raised an objection on the bench, saying that a larger bench should be constituted in light of Justice Mansoor Ali Shah and Justice Yahya Afridi’s note on civilians’ trials in military courts who were involved in the May 9 incidents last year.

The lawyer said that a larger bench comprising at least nine judges should be formed to hear this case, adding that the real question is whether civilians can be tried in military courts or not.

Attorney General for Pakistan Mansoor Usman Awan told the court that 20 people who have completed their sentences were released before Eid-ul-Fitr.

Justice Rizvi inquired whether the verdict of the people who were released part of the court's record.

On January 29, Justice Masood rescued himself from hearing intra-court appeals against civilians’ trial in military court, leading to the dissolution of a six-member larger bench.