ISLAMABAD: Supreme Court today rejected a federal government’s request to constitute a full court bench to hear pleas challenging the trial of civilians in military courts.
A six-judge larger bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik, resumed hearing the case.
“Judges are not available at this time. It is not possible to form a full court,” CJP Bandial told Attorney General for Pakistan (AGP) Mansoor Usman Awan.
On Monday, the federal government had taken a stand before the apex court and stated that the trial of those accused of violence against the armed forces under the Pakistan Army Act (PAA) 1952 was an “apt and proportionate response” under the constitutional framework and statutory regime.
President of the Supreme Court Bar Association Abid Zuberi in his arguments before the court that the judgment in Liaquat Hussain’s case in 1999 set the standards that a civilian cannot be tried in the military courts.
“I have submitted my answer to the SC and will assistant the bench on five points,” he added.
Zuberi further said that the judgments of the court are already available according to which the trial of the accused can only be held in the military courts over ‘direct’ involvement.
Justice Yahya Afridi asked the SCBA president to clarify whether a civilian cannot be tried in the military courts without a constitutional amendment. Yes.. civilians cannot be tried in military courts without amendment in the constitution, he replied to Justice Afridi.
Comments are closed.