ISLAMABAD: A seven-member constitution bench of the Supreme Court on Monday rejected the government’s plea to allow military courts to pronounce verdicts in cases.
“Allowing. [to announce verdicts] Justice Musrat Hilali remarked during the hearing that the powers of military courts must be recognized.
The bench headed by Justice Aminuddin Khan also includes Justice Jamal Khan Mandukhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.
Additionally, the court today also dismissed former Chief Justice Jawad S Khawaja’s plea to adjourn the trial of civilians in military courts till the 26th Amendment issue is decided.
The court also imposed a fine of 20 thousand rupees on the former chief justice.
Justice Ayesha A. Malik was not part of the bench as the Constitution Committee observed that since the judge was a member of the earlier bench whose decision was under challenge, she could not sit on the constitution bench for these appeals.
Today’s hearing
During today’s hearing, the court asked Khawaja’s lawyer that do you recognize the constitutional bench?
In response, the lawyer said: “I do not accept the jurisdiction of the Constitution Bench.”
Addressing the remarks, Justice Mandukhel said: “Then you can leave the courtroom.”
The lawyer added that the present constitution bench was nominated by the Judicial Commission.
On which Justice Mandukhel inquired whether the 26th constitutional amendment was nullified? He was joined by Justice Mazhar who said that you are using delay tactics. At every hearing, some new application comes up.
Justice Mazhar added, “If the 26th Amendment is repealed, judicial decisions will be protected.
The bench then called Hafeezullah Niazi to the rostrum. Justice Mandukhel asked him that do you want to proceed with this case? Niazi affirmed: “Yes, I want to go ahead.”
Justice Musrat Hilali further addressed them and asked them to consider the people in jails. You do not have legal standing to pursue this case. Justice Mandukhel added: “You are delaying the proceedings because you do not have a loved one in custody.”
Justice Mandukhel clarified that the Supreme Court is working under the constitutional amendment.
He explained: “All the benches are being constituted under the new amendment, and even cases related to the amendment will be heard by the bench constituted under it.”
Moreover, Pakistan Tehreek-e-Insaf (PTI) leader Salman Akram Raja, who is a lawyer by profession, told the bench that he too had objections to certain parts of the judgment written by Justice Muneeb Akhtar and that he would submit his arguments on the matter. Will present. .
Justice Rizvi inquired how the trial of the people involved in the Army Public School attack was done.
In response, defense ministry lawyer Khawaja Haris explained that the trial was conducted after the 21st constitutional amendment.
Justice Mandukhel added that a constitutional amendment was made at that time which allowed military courts to try civilians.
The court rejected Hafeezullah Niazi’s request to transfer the accused to jail.
The Additional Attorney General argued that the trials in the military courts have been completed and sought permission to pronounce the verdicts.
However, Justice Hilali held that this could not be allowed, as doing so would effectively settle the question of military courts’ jurisdiction over civilian trials.