ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Wednesday formed a nine-member bench of the Supreme Court (SC) to hear the petitions against military courts. The apex court has scheduled the initial hearings for the petitions challenging the trials of civilians in military courts.
The bench, comprising CJP Justice Umar Ata Bandial, Justice Qazi Faez Isa, Justice Sardar Tariq, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Ali Naqvi, and Justice Ayesha Malik, will commence proceedings tomorrow, hearing three petitions.
The chief justice has granted approval to the SC’s Registrar’s Office for numbering the petitions. Former CJP Jawwad S Khawaja’s petition has been assigned number 24/2023, Aitzaz Ahsan’s petition 25/2023, and Karamat Ali’s petition 26/2023.
Don't know as what silent message is being given to include Justice Mazahar Ali Akbar Naqvi in the larger bench as his & Justice Ayesha's inclusion in the larger bench is not as per seniority. There may be some other considerations in CJP's mind. https://t.co/HaXyyMk5QO
— Hasnaat Malik (@HasnaatMalik) June 21, 2023
Petitioners Assert Civilians’ Trials in Military Courts Unconstitutional
Yesterday, former CJP Jawwad S Khawaja challenged the trials of civilians in military courts, filing a petition in the Supreme Court. The petition asserts that the trial of civilians in military courts, while civilian courts exist, is unconstitutional. It argues that court-martial proceedings are only appropriate for army officers.
The petition seeks to declare “unlawful any proceedings against civilians based on the disputed sections” and urges the transfer of such cases to competent civilian authorities for appropriate proceedings in ordinary criminal courts.
The filing of this petition follows a similar petition by Chaudhry Aitzaz Ahsan, also challenging the trials of civilians in military courts.
