By Staff Reporter
ISLAMABAD: A larger bench of the Supreme Court, hearing petitions challenging the trials of civilians in military courts, dissolved for a second time on Monday after the government objected to the inclusion of one of the judges, who is related to a petitioner in the case.
The petitions were filed by former Chief Justice Jawwad S. Khawaja, veteran politician Aitzaz Ahsan, Karamat Ali, and former Prime Minister Imran Khan. They were filed after the army said it would try protestors arrested in connection with the May 9 protests under military laws.
Violent protests broke out nationwide following Khan’s arrest in a corruption case, with some protesters attacking military buildings and civilian installations. Later, the country’s civilian and military leaders said that rioters and their backers who attacked state assets and military installations during protests would be tried under army law.
The move has been condemned by rights organizations and activists, who argue that it risks violating civilians’ right to due process. They argue that the trials of civilians in military courts violate the constitution and fundamental rights.
Prime Minister Shehbaz Sharif has said that only those accused of vandalising military property would face military trials, while others would be tried under anti-terrorism laws. Anti-terrorism courts have handed over 100 suspects to the military for trial on applications submitted by army officers.
The Attorney General for Pakistan, Mansoor Usman Awan, told the court that one of the petitioners, ex-CJP Khawaja, was related to Justice Mansoor Ali Shah. He said that this could affect Justice Shah’s conduct in the case.
Chief Justice Umar Ata Bandial, however, expressed his anger at the government’s objection, saying that it was “mocking the judiciary.” He asked on what basis the government was objecting to Justice Shah’s presence on the bench.
Justice Shah said that he had highlighted the fact that one of the petitioners was his relative at the very first hearing and asked those with objections to come forward. However, he also refused to hear the case.
The lawyers present during the hearing urged the judge to reconsider, saying that the case concerned fundamental rights. “Try and understand, this is a judge’s own decision. I cannot hear this case,” Justice Shah told them.
Talking to the media outside the Supreme Court after Justice Shah’s recusal, senior lawyer Latif Khosa said the government was “not allowing the courts to make decisions” and was disrupting fundamental rights. “They have thrown the Constitution in the trash,” Khosa added.
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