The Supreme Court of Pakistan has referred the matter of the bench hearing the military courts case to the three-member Practice and Procedure Committee, comprising the chief justice and the two senior-most judges of the country’s top court. This development came during the hearing of civilians’ trials in military courts, where the petitioner’s lawyer raised an objection to the bench, arguing for the constitution of a larger bench as per a previous note from Justice Mansoor Ali Shah and Justice Yahya Afridi.
The lawyer maintained that a larger bench of at least nine judges should be formed to hear this case, emphasizing the fundamental question of whether civilians can be tried in military courts. The objection led to the apex court referring the matter to the Practice and Procedure Committee.
At the outset of the hearing, Attorney General for Pakistan Mansoor Usman Awan informed the court that 20 individuals who had completed their sentences were released before Eid-ul-Fitr. Justices Rizvi and Hilali directed the military court’s verdict to be brought on the court record for review of the trial procedures. Justice Mazhar expressed their desire to determine whether the court had allowed the defendants the right to appoint lawyers of their choice.
Senior lawyer Aitzaz Ahsan raised concerns about the lack of certificates for individuals who had been in custody for a year, while Hasan argued that Justice Yahya’s previous opinion indicated that a six-member bench could not decide this case. Justice Mazhar clarified that Justice Yahya’s opinion could not be considered a judicial order. Hasan questioned the legality of civilians’ trials in military courts, advocating for a re-examination of the PBF Ali case. Salman Akram Raja suggested that a bench of at least eight members should hear the appeals.
The hearing took an emotional turn when journalist Hafeezullah Niazi expressed his distress over the disappearance of his son, Hassan Niazi, and his inability to contact him. The Supreme Court instructed the AGP to provide information on Hassan Niazi’s whereabouts after conducting a thorough investigation.
