Supreme Court puts off hearing of civilians' military trial case until Dec 12

The constitutional bench (CB) of the Supreme Court (SC) on Tuesday adjourned the hearing of the trial of civilians in military courts’ case until Thursday at the request of the additional attorney general (AAG), reported 24NewsHD TV channel.

A seven-member bench of the CB, headed by Justice Aminuddin Khan, heard the intra-court appeals filed by the federal government and others against the apex court’s verdict it had given in the case earlier. 

When the hearing began, the AAG told the bench that Khawaja Haris, counsel for the Ministry of Defence, was ill. “He has a pain in his stomach due to which he cannot appear in court today.” 

The court also rejected PTI leader Latif Khosa’s request to shift suspects in the May 9 violence cases to ordinary jails. “At least, there they can meet with their relatives and lawyers,” he added.

Justice Aminuddin replied that in this regard, the attorney general had already given an assurance. “Right now, the bench is hearing the case. Please do not distract our attention from the issue under review,” the judge added. 

On Monday, the constitutional bench had rejected a petition, seeking adjournment of the hearing of the case, declaring it as inadmissible.  

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.

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 the hearing to be put off.”

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 same 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.  

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-martialed.

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

Reporter: Amanat Gishkori