SC rejects plea for deferment of hearing on appeals in military trials case

The constitutional bench (CB) of the Supreme Court (SC) has rejected a petition seeking adjournment of hearing of intra-court appeals filed in the case of trials of civlians in military courts, declaring it as inadmissible, reported 24NewsHD TV channel.  

Barrister Aitzaz Ahsan, in his plea, had requested the court not to hear the appeals till the fate of petitions filed against the 26th constitutional amendment was decided.

On the other hand, a six-member CB, led by Justice Aminuddin Khan, took up the intra-court appeals on Monday. Other judges on the bench were Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

The court’s ruling will decide the fate of over 100 PTI workers presently languishing in jails in connection with the May 9 violence.

The federal government as well as the provincial governments had filed appeals against the apex court’s decision which it had given on October, 23, 2023 and in which it had invalidated a section of the Pakistan Army Act, 1952, that permitted civilians to be court-martialled. 

The majority judgment was authored by Justices Munib Akhtar and Ayesha A. Malik, with Justice Yahya Afridi dissenting.

During the proceedings on Monday, Justice Musarrat Hilali remarked that the petitioner should think about those awaiting their trials in jail. “You have no right to file a plea in the case,” she added. 

Addressing Barrister Aitzaz, Justice Jamal Mandokhel said perhaps none of his near or dear ones was in jail. “That’s why, you want a delay in decision in the case.”

The petitioner said that if the 26th constitutional amendment was declared null and void, all decisions taken after its passage would cease to be effective. 

Justice Muhammad Ali Mazhar said that the decisions were always protected. “It is unfortunate that such petitions are filed at every hearing.” 

Justice Mandokhel remarked that the SC was functioning in the light of the amendment under discussion. “Whatever benches are being formed, they are being formed in the light of the amendment,” he added. 

The court then called Hafeezullah Niazi, father of Hassan Niazi, one of the suspects in the May 9 violence case, to the rostrum. 

“Your son is in jail. Do you want the hearing of the case to continue?” Justice Mazhar questioned. 

Hafeez replied, “Yes indeed. I want the hearing to continue.”

The constitutional bench of the Supreme Court adjourned the hearing of intra-court appeals filed in the case of trial of civilians in military courts until tomorrow. 

The bench rejected the request made by the government for allowing military courts to give decisions in the May 9 riots cases as well as sending the suspects to jail.

Justice Musarrat Hilali remarked that allowing these courts to conduct trials of civilians would amount to acknowledging that they had the authority to do so.  

Justice Hilali asked if a core commander used his residence for official purposes, whether the house would be deemed to be his office. “Does the residence of a core commander fall into the category of military installations?” she questioned. 

The counsel for the Ministry of Defence, on the occasion, said there could be sensitive documents even in the army officers’ homes. “The house can be used for official purposes by declaring it an office.”

He argued it was wrong to say that civilians could not be tried in military courts. “The Army Act also applies to the employees of private companies working with the armed forces of Pakistan,” he said, and added, “Either delete these sections before arguing that there could be no trial of military trial of civilians.” 

Justice Mandokhel remarked that the civilians working in an Ordnance Factory fell into a separate category. “As per the constitution, those stopping the army personnel and officers from performing their functions would be tried in ordinary courts,” the judge opined. 

SC fines ex-CJP for filing similar plea

The court slapped Rs20,000 in fine on the former chief justice of Pakistan (CJP) Jawad S. Khawaja for filing a similar petition.

Reporter: Amanat Gishkori