SC takes up case of mly court trials on Monday

ISLAMABAD: The Supreme Court will take up petitions seeking timely general elections as well as challenging the trial of May 9 suspects in military courts on Monday.

Chief Justice of Pakistan (CJP) Qazi Faez Isa fixed the hearing of these petitions on Friday. A three-member bench of the apex court — headed by Justice Qazi Faez Isa — will take up the petitions filed by the Supreme Court Bar Association (SCBA) and others seeking directions for holding the general elections within 90 days as stipulated by the Constitution. Justice Aminuddin Khan and Justice Athar Minallah are the other members of the bench.

Similarly, a five-member special bench — headed by Justice Ijazul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — will hear petitions challenging the trial of civilians in military courts.

It is pertinent to mention that the Pakistan Tehreek-e-Insaf (PTI) had requested the Supreme Court in August this year to direct President Dr Arif Alvi to announce the date of elections within 90 days of the dissolution of National Assembly.

The PTI had filed a petition with the apex court through its Secretary General Omar Ayub under Article 184(3) of the Constitution, praying for declaring as illegal and void ab initio the decision of purported Council of Common Interests, dated August 5, 2023 approving the census. He prayed the apex court to suspend the operation of the impugned decision dated 05.08.2023 issued by the respondent and subsequent notification dated 07.08.2023 issued by the respondent during the pendency of the instant petition.

Similarly, the pleas of former prime minister and PTI Chairman Imran Khan, former chief justice Jawad S Khwaja, Barrister Aitzaz Ahsen as well civil society members challenging the trial of May 9 suspects in military courts, are also pending with the apex court.

Pakistan Peoples Party (PPP) senior leader Barrister Aitzaz Ahsan, one of the petitioners, had challenged in the Supreme Court a decision by the corps commanders in a meeting on May 15 to try the civilians allegedly involved in May 9 incidents in the military courts established under the Pakistan Army Act 1952. Filed under Article 184(3) of the Constitution, Aitzaz prayed the apex court to declare that Sections 2(1)(d)(ii) and 59(4) of the Army Act, 1952 were ultra vires of the Constitution and void. He also prayed the apex court to declare that Section 94 of the Army Act, 1952, and 1970 Rules were inherently discriminatory, in direct violation of, inter alia, articles 25 and 175 of the Constitution and were, therefore, ultra vires the Constitution and void.

The initial hearings were marred by objections to the formation of the bench and recusals by the judges. Finally, a six-member bench — comprising the then-chief justice of Pakistan Umer Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik — heard the petitions. The bench held multiple hearings of the case but issued no verdict.

In the last hearing, the case was adjourned indefinitely after the Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the CJP that the military trials would not proceed without informing the apex court. The apex court also directed the preparation of a list of cases to be heard under Article 184(3) of the Constitution.

It was learnt that a three-member committee, constituted under the Supreme Court (Practice and Procedure) Act, 2023, during a meeting issued orders for preparing a list of cases related to Article 184(3) of the Constitution besides separating cases filed for interpretation of the Constitution. The three-member committee comprised Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood and Justice Ijazul Ahsan.

Meanwhile, the Judicial Commission of Pakistan (JCP) approved the elevation of Justice Irfan Saadat Khan, acting Chief Justice of the Sindh High Court, as a judge of the Supreme Court. The Judicial Commission met at the Supreme Court Pakistan chaired by Chief Justice of Pakistan Qazi Faez Isa. The chief justice had convened the meeting to consider the nomination of Justice Khan for the Supreme Court.

Justice Isa said Justice Khan met the stipulated requirement, was knowledgeable, well-experienced, versatile, was upright, also the most senior judge amongst the chief justices of all the high courts.

The commission unanimously approved the nomination which had also been endorsed in writing by the law minister who is abroad, says a press release. Justice Khan’s nomination will be sent to the Parliamentary Committee under Article 175-A (8) and (12) of the Constitution.

The other item on the agenda of the meeting was to determine the criteria for the appointment of high court judges. The chief justice had written to the members of all commissions and sought their views. Copies of suggestions received were provided to the members who sought time to consider the same. It was decided to extend the date for receiving submissions till Friday, October 27, which would be considered in the next meeting of the commission.