The Supreme Court of Pakistan has referred the reconstitution of the six-member bench hearing the military courts case to the Practice and Procedure Committee following objections raised against its composition. Petitioners and lawyers expressed concerns about the adequacy of the current bench and called for a larger panel to consider the matter of civilians’ trials in military courts.
During the hearing, petitioner former chief justice Jawad S Khawaja’s lawyer Khawaja Ahmad Hasan objected to the bench, arguing that a larger bench should be constituted in light of Justice Mansoor Ali Shah and Justice Yahya Afridi’s note. The lawyer emphasized the need for a bench comprising at least nine judges to address the fundamental question of whether civilians can be tried in military courts.
The court also discussed the release of 20 individuals who had completed their sentences before Eid-ul-Fitr. Justice Rizvi inquired about the inclusion of the verdict in the court record, and Justice Hilali ordered its production. Justice Waheed stated that the verdict would shed light on the trial procedures adopted.
Senior lawyer Aitzaz Ahsan raised the issue of certificates for those who had been in custody for a year, which were not provided by the military court. Lawyer Hasan further questioned the basis for trying civilians in military courts and called for a re-examination of the PBF Ali case.
Journalist Hafeezullah Niazi expressed emotional distress during the hearing, stating that his son, Hassan Niazi, had gone missing and he had been unable to meet him. The court instructed the Attorney General for Pakistan to provide information about Hassan Niazi’s whereabouts.
The Practice and Procedure Committee will now determine the composition of the new bench that will hear the military courts case, a matter of significant legal and constitutional importance.
