Civilians’ trial in military courts: Verdict on pleas for full court reserved

By Muhammad JuniadPublished On 01 Aug 2023

Islamabad: The Supreme Court Tuesday reserved its verdict on the petitions regarding the constitution of full court to hear the case against the trial of civilians in military courts, which will be announced tomorrow.

According to details, a six-member larger bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial heard the petitions against the trial of civilians in military courts, in which lawyer Faisal Siddiqui argued that the objection to the formation of a full court bench should also be removed. It is clearly stated in the petition that the case will not be affected by making a full court at this point.

Faisal Siddiqui said: “The Attorney General of Pakistan (AGP) Mansoor Usman Awan has assured that there will be no military trial of any civilian during this case. It is a judicial precedent that if some judges excuse themselves from the hearing, then a full court of the remaining judges can be formed.

“Irrespective of the government's objections to the bench, three judges recused themselves from hearing the case and could not be part of the full court,” added Faisal.

Responding to the arguments of Faisal Siddiqui, Justice Yahya Afridi said: “Three judges did not excuse themselves from hearing the case, in the current case only one judge excused himself from hearing the case. One can rescue himself from hearing the case for personal reasons”.

Justice Mazahar said that you are demanding a full court at a time when you have argued for your petition.

After Faisal Siddiqui's arguments were completed, Chief Justice said: “This is the first appeal of the full court, it would be better if rest of the petitioners were also taken up on the full court”.

On this occasion, petitioner Aitzaz Ahsan came to the rostrum and said that the delay of such petitions is like defeating the purpose of the case.