SC turns down full court request to hear pleas against military courts

The hearing of petitions filed in the Supreme Court against the trial of civilians under the Army Act in military courts has resumed.

The SC turned down the request of attorney general to form a full bench. The hearing has been adjourned till Wednesday 11am.

Headed by Chief Justice of Pakistan Umar Atta Bandial, Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahir Ali Akbar Naqvi and Justice Ayesha A. Malik.

At the beginning of the hearing, the President came to the Supreme Court rostrum, he addressed the court and said that he have filed a miscellaneous petition, to which the Chief Justice remarked, ‘We welcome you.’

Chief Justice Umar Atta Bandial had remarked during the hearing that it is expected that the military courts will not start the trial until the hearing in the Supreme Court is completed.

Abid Zuberi, President Supreme Court Bar Association (SCBA), informed the court that he had submitted a detailed response and was representing the SCBA, adding that he would assist the court on five points.

Abid Zuberi pointed out that the apex court had decided in the Liaqat Hussain case that civilians could not be tried in military courts. He cited the judgement by former CJP Justice Ajmal Mian and said that only military personnel could be tried under army laws. “The judgement stated that a constitutional amendment is needed to try civilians under the Army Act,” he added.

Zuberi maintained “The main point is, how would the suspects be connected with the crime in question.” He said there were previous verdicts in this regard, saying the courts had ruled that suspects could only be tried if they were directly linked with the crime.

CJP Bandial interrupted: “You are saying that a suspect’s link with the crime is the first requirement of the trial. According to you, civilians can be tried in military courts only after they are directly linked to the crime and after constitutional amendment.”