ISLAMABAD: The government will challenge the constitutional and legal status of the seven-member bench of the Supreme Court tomorrow (Monday), when it would resume hearing pleas against the trial of civilians in military courts. Special Assistant to the Prime Minister (SAPM) on Accountability Irfan Qadir will appear on behalf of Defence Minister Khawaja Asif.
The bench has issued notices to Prime Minister Shehbaz Sharif, Interior Minister Rana Sanaullah and Khawaja Asif in the case. Senator Barrister Dr Farogh Naseem would appear on behalf of the prime minister while Shah Khawar would represent the interior minister in the court.
Irfan Qadir is a top jurist and constitutional expert and had served as the country’s attorney general and judge of the superior court. He raised the objection pertaining to the legal and constitutional status of the bench early last week in a talk show even before the first sitting of the nine-member bench with Chief Justice Umar Ata Bandial as its head.
The designated chief justice of the country, Qazi Faez Isa, and second senior judge of the Supreme Court Justice Sardar Tariq Masood objected to the setting up of the court and walked away.
In a brief chat with The News on Saturday evening, Irfan Qadir fully endorsed the note pertaining to the constitution of the bench, terming it unconstitutional and illegal by the designated Chief Justice Qazi Faez Isa, since it was set up without consulting the three-member committee of the senior-most judges. The law in this regard has already been made part of the book.
Irfan Qadir said that any position taken by the current bench would have no consequential effect since the whole exercise is flawed and unconstitutional. The sources indicated that the counsel for Shehbaz and Rana Sanaullah would also toe the position that would be taken by Irfan Qadir. Irfan Qadir stepped down from his SAPM position early this year when he appeared on behalf of the Election Commission of Pakistan in the apex court in the case about the Punjab Assembly’s polls.
Later, he again assumed the assignment, but this time, sources said, he is appearing on behalf of the defence minister without quitting his responsibilities as an SAPM.
Interestingly, the attorney general, who has been appearing regularly on behalf of the federal government in the Supreme Court even after the passage of Supreme Court Practices and Procedure Act 2023 by the two houses of parliament, didn’t question the legality of the benches of Supreme Court.
The legal fraternity has been supporting the legislation since it has fulfilled their old demand to eliminate one-man show in the superior judiciary, sources said.