SC larger bench to hear pleas against mly courts

ISLAMABAD: The Supreme Court takes up today (Thursday) identical constitutional petitions challenging the decision of the Pakistan Army taken in the corps commanders meeting on May 15 to try civilians allegedly involved in the May 9 incidents in military courts established under the Pakistan Army Act 1952.

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday constituted a nine-member larger bench, which will hear today (Thursday) these identical petitions at 11:45 am. Headed by Chief Justice Bandial, other members of the bench are Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsen, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik.

The former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Barrister Aitzaz Ahsan, former chief justice of Pakistan Jawwad S Khwaja, representatives of civil societies and others have challenged the trial of civilians through military courts. They had prayed the apex court to declare that sections 2(1)(d)(i) and (ii) of the Pakistan Army Act 1952 (the “Impugned Sections”) are inconsistent with the fundamental rights conferred by the Constitution and are void and struck down.

Barrister Aitzaz prayed the apex court to constitute a full court for hearing his petition. The senior lawyer, along with Barrister Sardar Latif Khosa, the other day met CJP Bandial in his chamber and discussed with him some legal matters besides apprising him about his petition filed in the apex court pertaining to the fundamental rights of citizens.

Aitzaz informed the chief justice that he had filed the petition challenging the trial of civilians through military courts and urged Justice Bandial to fix the matter in the apex court at the earliest.

Some legal experts believe that the formation of the nine-member bench by Chief Justice Bandial with senior-most judges like Justice Isa and others for hearing the petitions related to the highly-sensitive matter of trial of civilians by military courts is a welcome sign and a positive development. Besides Justice Qazi Faez Isa, the bench also comprises other senior judges of the Supreme Court Justice including Sardar Tariq Masood and Justice Syed Mansoor Ali Shah.

Over the past months, it had been widely presumed by the critics that there was a division among judges in the country’s highest court, one group led by Chief Justice Bandial having eight like-minded judges, while the other group reportedly led by Justice Qazi Faez Isa having seven like-minded judges. Justice Qazi Faez Isa, however, had recently clarified that the notion he intentionally created a separate group within the Supreme Court was factually incorrect.

Earlier, CJP Bandial had been criticised for ignoring senior judges on benches, hearing important constitutional and political matters. On the other hand, Justice Bandial was unable to remove the perception of including his like-minded judges on benches hearing political matters.

In this respect, it was widely presumed that two senior-most judges of the apex court, including Justice Isa, were ignored during the formation of benches hearing sensitive cases.