By Staff Reporter
ISLAMABAD: A top judge in Pakistan’s Supreme Court has called for a full court to hear petitions challenging the trials of civilians in military courts, saying the current six-judge bench could erode public trust in the justice system.
Justice Yahya Afridi, who is part of the bench hearing the petitions, made the request in a note after the latest hearing.
The bench, led by Chief Justice Umar Ata Bandial, is handling a series of petitions filed by former Chief Justice Jawwad S. Khawaja, senior lawyer Aitzaz Ahsan, rights activist Karamat Ali, and former prime minister Imran Khan, among others.
The petitioners have challenged the constitutionality of the 21st Amendment, which allowed military courts to try civilians accused of terrorism offences, and the Pakistan Army Act 1952, which gave legal cover to such trials.
The bench was originally composed of nine judges, but three of them withdrew from the case due to various reasons.
Justice Sardar Tariq Masood left the bench on June 22 along with Justice Sardar Tariq Masood, cited his reservations about the bench’s composition and said he could not hear any case until a pending matter regarding the Supreme Court (Practice and Procedure) Act 2023 was resolved.
The act, which was passed by parliament in March, curtailed sweeping powers of the chief justice to constitute benches and assign cases.
The act was suspended by a five-judge bench on June 21 until its constitutionality was decided.
Justice Mansoor Ali Shah had already left the bench on June 21 due to objections raised by the government over his relation to ex-Chief Justice Khawaja.
In his note, Justice Afridi said he was aware of the political implications of the case, especially in view of the upcoming elections and the end of the current government’s term.
He said he respected the chief justice’s discretion in forming benches but urged him to reconsider the composition of the present bench in light of the written objections raised by some judges and the public perception of the case.
Justice Afridi said he was not endorsing or commenting on the legality of Justice Isa’s reasons for leaving the bench but stressed the importance of maintaining harmony within the court, preserving its integrity, and upholding public trust.
He proposed that a full court should hear the petitions, as any judgment rendered by the present bench without taking such a measure could undermine its respect and deference.
The judge also noted that Attorney General for Pakistan Mansoor Usman Awan had informed the court that 102 civilians were in military custody across the country, excluding women, children, lawyers, and journalists.
He highlighted the number of women in civilian custody, with most of them in Punjab province.
Copyright © 2021 Independent Pakistan | All rights reserved
