ICA against ruling on civilians’ military trial: Justice Ayesha removed from constitutional bench

ISLAMABAD: The Constitutional Committee has removed Justice Ayesha A Malik from the seven-member Constitutional Bench hearing an Intra Court Appeal (ICA) filed by the federal government against the Supreme Court judgment declaring the trial of civilians in military courts as unconstitutional.

The three-member committee — constituted under Article 191A (4) of the Constitution — Wednesday released the minutes of its third meeting held on November 13, 2024, chaired by Justice Aminuddin Khan and attended by Justice Jamal Khan Mandokhel and Justice Muhammad Ali Mazhar and the registrar.

According to a press release issued by the Public Relations Department of Supreme Court, the committee deliberated on several critical matters aimed at improving the efficiency and transparency of case management, particularly for the Constitutional Bench. Hearing ICA No. 5 of 2023 (trial of civilians by military courts), the bench noted that Justice Ayesha A. Malik, being a member of the earlier bench whose judgment was under challenge, could not sit on the Constitutional Bench for those appeals.

Since the original ICAs were heard by a seven-member bench, the committee resolved to approach the Judicial Commission of Pakistan for the Constitutional Bench to ensure the matter was heard promptly.

The registrar was tasked with preparing the draft rules regulating the practice and procedures of the Constitutional Bench in consultation with Justice Muhammad Ali Mazhar, with the final draft to be reviewed by the committee for approval.

To expedite the disposal of pending appeals under Order V Rule 3 of the Supreme Court Rules, 1980, the committee directed the office for categorization, compilation of cases within one week, and fixation of five chamber appeals daily for hearing before each member of the committee.

Likewise, to address the increasing workload, the committee recommended the requisition of a competent civil judge to provide judicial assistance to the bench.

In line with the measures to improve case identification and tracking, the committee approved the use of a distinctive green stamp marked “Constitutional Bench for all relevant case files”, the press release stated. The committee resolved that this change will also be reflected in the court’s IT- based Case Flow System through integrated color-coded tagging.

Order sheets for constitutional matters were standardized to include the headings “In the Supreme Court of Pakistan,” “Constitutional Bench,” and the specific jurisdiction type, whether original, appellate, or advisory. To ensure procedural clarity, all cases under Article 191A will include titles explicitly designating them as belonging to the Constitutional Bench of the Supreme Court of Pakistan.

Furthermore, it was decided that the parties filing such cases must prepare and submit at least seven paper books. Applications for early hearings would be placed before the committee until the procedural rules for urgent cases were finalized, ensuring prioritized attention to pressing matters. The committee reiterated that the Supreme Court exclusively holds the authority to transfer cases under Article 186A of the Constitution, and such matters will continue to be heard by regular benches.

Only cases under Article 199 that involve significant constitutional questions or substantial issues of law will be referred to the Constitutional Bench.

“In a significant step to enhance operational efficiency, the committee resolved to establish a dedicated branch to handle Constitutional matters under Article 191A,” the press release said, adding that this branch will be adequately staffed to ensure the smooth processing of cases.

Additionally, cases already transferred to the Constitutional Bench by the Supreme Court will be scheduled in accordance with the approved roster.