Military courts case: Criticism of SC six-member bench not consistent with facts: Kunrani

ISLAMABAD: Balochistan’s Law Minister Amanullah Kanrani, Advocate, Thursday said some lawyers criticised the Constitution and interim verdict of the six-member larger bench of the Supreme Court on the civilians’ trial in the military courts without corroborating the facts.

In a statement, he said judges from Balochistan were appointed as judges or chief justice after putting them through the mill. 

He said no judge from Balochistan was part of the judgment in question that might be good or bad but Justice Qazi Faez Isa was blamed time and again and asked if his character assassination was not malice, then what else should it be called.

He recalled that when Justice Qazi Faez Isa handed down the verdict on the Faizabad sit-in, it was he who was brought to the dock and not the then-chief justice. He regretted that Justice Isa was not appreciated for his earlier judgments.

Kanrani reminded that for the first time in history, while following the Supreme Court Procedure and Practice Act 2023, a judgment had been given against a ruling handed down earlier under Article 184/3 of the Constitution.

A stay was granted as a routine matter which is usually given in such cases since the calling of witnesses and cross-examining did infringe upon the hearing of the case, and it shouldn’t have any adverse impact on the merit of the case. Kanrani said the question of jurisdiction could be raised before the verdict was handed as a point but it could be sorted out later at the time of appeal. Such issues could be settled after detailed proceedings. He raised the question as to why in the cases of May 9 incidents, pressure was being built for their early disposal in haste and with discrimination. He warned that such discretion hampers the basic rights of citizens when ordinary citizens are discriminated against.

He said criticism about Qazi Faez Isa was not at all valid or fair as he wasn’t part of the bench that handled the case of military trial of civilians.

Kanrani said Justice Qazi was an honest, and upright judge and the whole country was witness to his unblemished character and clean record.