On Monday, the Supreme Court dismissed petitions seeking to delay civil trial hearings in military courts. The decision is pending on the 26th Constitutional Amendment. The judges criticized one petitioner’s stalling tactics.
Justice Amin-Ud-Din Khan led a seven-member constitutional bench. It included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan. They reviewed multiple petitions against civilian trials in military courts.
Justice Ayesha A. Malik was absent from the bench, as she had participated in a previous judgment that is now under review. This prevented her from serving on this bench for the appeals.
During the session, the bench dismissed former Chief Justice Jawwad S. Khawaja’s request to delay his case until resolutions on the 26th Constitutional Amendment challenges were complete. This amendment led to the formation of the constitutional bench, which now has extensive oversight and suo motu powers. It has faced significant scrutiny and calls for its annulment.
The court also fined the former chief justice Rs20,000 for his conduct.
In the proceedings, Justice Mandokhail asked Khawaja’s counsel if he recognized the bench’s authority. The counsel admitted he did not. Justice Mandokhail then suggested he leave the courtroom if he did not recognize the bench. Justice Mazhar accused the counsel of employing delaying tactics as new requests emerged at each hearing.
Justice Mazhar highlighted the benefits of annulling the 26th Amendment, noting it would protect judicial decisions and help those detained under military court orders.
When Hafeezullah Niazi took the stand, Justices Mandokhail and Hilali questioned his standing and intentions in the case. They stressed the urgency for those currently detained. Justice Mandokhail confirmed that the Supreme Court operates under the 26th Constitutional Amendment, including the benches hearing cases related to it.
