ISLAMABAD: In the case against the trial of civilians in military courts, the Supreme Court has reserved its decision on the plea to constitute a full court, which will be heard tomorrow.
The court staff informed that the decision on the request to form a full court bench will be pronounced at 11.30 am tomorrow.
The Chief Justice of Pakistan had remarked that we will consult each other and tell, if the consultation process is completed in 10 to 15 minutes then we will inform and if the consultation process is delayed then we will inform tomorrow.
Apart from lawyer petitioner Faisal Siddiqui, all other petitioners expressed confidence in the 6-member bench. Petitioners’ counsel Salman Akram Raja, Supreme Court bar counsel Abid Zuberi and chairman PTI’s counsel Shoaib Shaheen opposed the full court. Salman Akram Raja said that I support Aitzaz Ahsan that this case should be decided soon.
Hearing of cases against trial of civilians in military courts
Earlier, Attorney General Mansoor Usman Awan came to the rostrum as the hearing of the case began before a six-member larger bench headed by Chief Justice Umar Atta Bandial.
The Chief Justice said that Faisal Siddiqui has demanded a full court in the matter of military courts, we will hear the lawyer of Jawad S. Khawaja.
Lawyer petitioner Khawaja Hussain Ahmed said that my client is a former Chief Justice and my client’s direction is that the court should treat me like a common citizen instead of special treatment.
The Chief Justice remarked that former Chief Justice Jawad S. Khawaja is a corner man, former Chief Justice Jawad S. Khawaja’s constitutional petition is non-political, is Faisal Siddiqui hiding? The lawyer said that lawyer Faisal Siddiqui is out of the courtroom and will come in a little while.
The Attorney General said in arguments that 7 accused are involved in the GHQ attack, out of which 4 accused attacked the Army Institute while 28 accused attacked the Corps Commander House Lahore. 5 accused are involved in Multan and 10 accused are involved in Gujranwala Garrison attack, 8 accused are involved in ISI Office Faisalabad and five accused are involved in PF Base Mianwali attack.
Attorney General said that 14 accused are involved in Chakdra attack, 7 accused are involved in Punjab Regiment Center Mardan attack, 3 accused are involved in Abbottabad and 10 accused are involved in Bannu Garrison attack, one accused is involved in ISI Hamza camp attack.
He said in arguments that the arrested accused were arrested on the basis of CCTV camera and other evidences, the report regarding the detained persons facing military trial has been submitted. Installations targeted, 102 people detained.
Justice Mazahar Ali Akbar Naqvi remarked on the procedure adopted to arrest the persons, on which the Attorney General said that we detained the persons in the light of CCTV footage and evidence, Corps Commander House Lahore. Those who entered have been detained, only 102 people have been arrested.
Justice Ayesha Malik remarked that the magistrate’s order did not mention the reasons for sending the accused to military courts, while Justice Mazahar Naqvi said that it seems that there are only photographs in the name of material against the accused.
The Chief Justice while talking to the Attorney General said that it seems that he is not fully prepared on these questions, we have the matter before us and we have to look at the constitutionality of the matter.
Lawyer Faisal Siddiqui made a request to his client. The full court has been given by the side, so we will listen to Faisal Siddiqui first.
Arguments of lawyer Faisal Siddiqui
Faisal Siddiqui started the arguments on the request to constitute a full court bench. He said that the objections raised by the government on the bench, our petition is not related to it and first I will clarify why our petition is separate. We gave three reasons for forming the full court.
Lawyer Faisal Siddiqui said that even military dictator Pervez Musharraf could not oppose the full court decision, while Justice Mansoor Ali Shah and Justice Yahya Afridi also talked about forming a full court.
The Attorney General has stated that no person will be sentenced to death or life imprisonment and the Attorney General has also assured that a military trial will not be initiated without the court’s knowledge.
He said in his arguments that questions were raised on the legality of court decisions by politicians and ministers, when there is a risk of conflict between institutions, a full court should be formed, so it is necessary to form a full court.
The Chief Justice remarked that some judges have excused themselves from hearing the case, so how to make a full court, to which Faisal Siddiqui said that the answer lies in the FB Ali case.
The Supreme Court has decided to hear the petitions regarding constitution of full court first.
Lawyer Faisal Siddiqui argued that the Supreme Court has declared in a decision that if a judge refuses to hear a case, he cannot be asked to hear that case. There is contempt for the Supreme Court.
Justice Yahya Afridi said in his remarks that the three judges you are talking about did not refuse to hear the military courts case. Lawyer Faisal Siddiqui said that the manner in which the judiciary was criticized should be resolved.
Justice Mazahir Naqvi inquired whether the other petitioners have the same position, to which lawyer Faisal Siddiqui said that I am only speaking for myself, if there is a delay of a few months, there is no problem because this case is a cause of fundamental rights. is very important.
The Chief Justice remarked that this is the first application for the full court, we want to hear the stand of the rest of the petitioners as well.
