ISLAMABAD (National Times) – The Supreme Court (SC) will resume hearing of intra-court appeals against trial of civilians in military courts today.
A six-member larger bench headed by Justice Aminuddin Khan will conduct the hearing today at 11:30 am. Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali, Justice Irfan Saadat Khan will also be part of the bench.
It maybe recalled that the Supreme Court had asked the Attorney General to furnish today (Thursday) a list of accused who were acquitted and punished by military courts.
Khyber Pakhtunkhwa government had requested the apex court that it intended to withdraw the appeal regarding civilains’ trial in military courts.
SC SEEKS SUMMARY OF RESERVED DECISIONS OF CIVILIANS TRIAL IN MILITARY COURTS
During previous hearing on March 25, the Supreme Court had asked the Attorney General for Pakistan to present a summary of the reserved decisions related to the trials of civilians by military courts on next date of hearing on March 28.
The Supreme Court issued directive to the attorney general as it resumed hearing intra-court appeals (ICAs) against its Oct 23 unanimous decision invalidating trials of civilians in military courts for their alleged involvement in the May 9 violence.
The court had declared that civilians could not be tried in military courts but in criminal courts of competent jurisdiction established under the ordinary or special law of the land.
A five-member bench comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik had unanimously declared the trial of civilians in military courts ultra vires the Constitution.
However, on Dec 13, in a 5-1 majority verdict, the Supreme Court suspended its verdict “conditionally” as there were ICAs pending for a final judgment.
Today, a six-member bench, headed by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan, took up the appeals.
On March 19, former chief justice Jawwad S. Khawaja, who is one of the petitioners, had requested the court for an early hearing of the appeals, contending that the continued presence of civilians in military custody was “beyond compensation”
