The Supreme Court of Pakistan decided to refer the military court case to the Practice and Procedure Committee after concerns were raised about the composition of the six-member bench.
The SC’s decision follows an objection by the petitioner’s lawyer and former chief justice, Jawad S. Khawaja, who argued for a larger bench due to the case’s significance.
The hearing, presided over by Justice Aminuddin and comprising Justices Muhammad Ali Mazhar, Hassan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan, addressed the trials of civilians involved in the May 9 incidents from the previous year.
During the session, it was highlighted that on January 29, Justice Masood recused himself, leading to the dissolution of a previously formed six-member bench. The petitioner’s lawyer, Khawaja Ahmad Hasan, suggested that a bench of at least nine judges was necessary, emphasizing whether civilians can legally be tried in military courts.
Further discussions revealed that 20 individuals who had completed their sentences were released before Eid-ul-Fitr. Questions were raised about the legal processes followed in these cases, including the military court’s verdicts and whether the accused could choose their legal representation.
The debate intensified with differing opinions on the bench’s adequacy, leading to the referral of the matter for re-evaluation of the bench’s constitution. Despite the legal complexities, the court also took a moment to address journalist Hafeezullah Niazi’s plea regarding his missing son, directing the Attorney General to investigate the matter.
This series of events underscores the ongoing challenges and sensitivities surrounding the trial of civilians in military courts, reflecting deep legal and ethical concerns that continue to evoke strong reactions from various quarters within Pakistan.
