2024-04-24 18:18:10
(24 News) Regarding the trial of civilians in military courts, the Supreme Court referred the matter to the Practice and Procedure Committee for the formation of a larger bench.
A 6-member bench headed by Justice Aminuddin heard the appeals against the annulment of trials of civilians in military courts, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali and Justice Irfan Saadat Khan. were included.
At the beginning of the hearing, Attorney General Mansoor Awan said that 20 accused have been released and gone home on Eid. There is no case against?
Aitzaz Ahsan stood on his seat and replied that these accused have been convicted and sent home, a child was convicted without trial, he is now hiding, whatever has happened is very senseless. It is arranged, the perfection of the Attorney General was not seen in this case, Justice Aminuddin inquired that what you are talking about is in the submission list of the Attorney General? Aitzaz Ahsan said that he is included in this list, the court made the statement of the Attorney General a part of the record.
Khawaja Ahmed Hussain, the lawyer of the petitioner Justice Jawad S. Khawaja raised objection on the bench and said that the matter should be sent to the Judges Committee again to form a 9-member bench. Kurdi, the lawyers took the position that the judgments pronounced up to the limit of 20 accused should be brought on record, the court remarked that we ask them for copies of the judgments, Justice Shahid Waheed said that we know what happened in the trial. Procedure adopted.
During the hearing, Hasan Niazi’s father, Hafizullah Niazi, became depressed. Hafizullah Niazi said that you judges have no idea what is happening to me. Not sleeping whether my son is alive or not, the court directed the attorney general to resolve the matter soon.
Later, the Supreme Court asked for copies of the decisions of the military courts during the hearing on the appeals against the annulment of the trials of civilians in the military courts. Later the matter was referred to the Practice and Procedure Committee.
It should be noted that earlier during the hearing, former Chief Justice Jawad S. Khawaja has appealed to form a 9-member larger bench. On October 23, 2023, the Supreme Court declared the trial of civilians in military courts invalid.
A 5-member bench headed by Justice Ejaz-ul-Ahsan declared the military trial of the civilians null and void, the Supreme Court gave a majority decision with a ratio of 4-1, Justice Yahya Afridi disagreed with the decision.
In the judgment, sub-clauses 1 and 2 of Section 2D of the Army Act were declared invalid, Section 59 (4) of the Army Act was also invalidated in the judgment, it was said in the judgment that the trial of the accused on May 9 and 10 Trials in military courts of civilians shall have no legal status, shall take place in the relevant criminal courts.
On December 13, 2023, the Supreme Court suspended the decision to stop the trial of civilians in military courts. 17 appeals including the caretaker federal government, the Ministry of Defense and the Ministry of Law were filed against the decision.
The petitioners against the military trial of civilians are former Chief Justice Jawad S Khawaja, Aitzaz Ahsan, Karamat Ali and PTI founder Imran Khan.
2024-04-24 18:18:10