ISLAMABAD: The Supreme Court has rejected the government’s request to form a full court bench to hear petitions against the trial of civilians in military courts. The judge adjourned the hearing, and it will resume tomorrow.
During the hearing, one of the petitioners, Abid Zuberi, who is also the President of the Supreme Court Bar Association, argued that according to the rules, civilians cannot be tried in military courts. He referred to a previous Supreme Court decision in the Liaquat Hussain case in 1999, which established this principle.
Supreme Court Bar Association President Abid Zuberi began his arguments by referring to Article 83A of the Constitution. It states that military courts cannot try civilians. He emphasized that for military trials to be justified, the allegations must be directly linked to the suspects.
Justice Yahya Afridi asked if the petitioner was suggesting that a constitutional amendment is necessary for the trial of civilians. Chief Justice questioned whether the first necessity of a trial is establishing a connection between the suspect and the allegations.
Justice Ijazul Ahsan pointed out that the trial of the Liaquat Hussain case was conducted without a constitutional amendment. He then asked if a constitutional amendment would still be necessary even if there is an internal relationship with the army.
Zuberi stated that, in the current situation, the trial is possible only after a constitutional amendment. He remarked that if there is a need for a special trial, they would create a special court through a constitutional amendment. The Chief Justice asked if the special court would be subordinate to the high court. Zuberi responded that those conducting trials in military courts are executive members, not judicial.
The Arguments of the Attorney General for Pakistan
The Attorney General for Pakistan, Mansoor Usman Awan, began his arguments and referred to previous judgments. It included the 21st constitutional amendment and the Liaquat Ali Khan case verdicts. He supported the suggestion for a full court bench and requested its constitution.
However, Chief Justice expressed that a full court formation is not possible due to judges being on leave or abroad. The court adjourned the proceedings until the next day.
Chief Justice Bandial mentioned the concerns of the public regarding harsh treatment and highlighted that the Army Act is a strict law.
