ISLAMABAD: The Supreme Court of Pakistan’s six-member bench reserved its verdict on fresh petition seeking formation of a full court hearing pleas of civilians facing military trials.
The decision will be announced tomorrow (Wednesday) as questions have been raised on basic human fundamental rights.
Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik formed the bench.
Earlier, the apex court had rejected the federal government’s plea to make a full court for the case.
Senior lawyer Faisal Siddiqui moved an application seeking a full court on behalf of civil society while representing former Chief Justice of Pakistan Jawad S Khwaja who asked for removal of his title CJP before his name. Jawad S Khawaja asked that he should be considered as a common man.
Chief Justice Ata Bandial said the bench will announce its decision after holding a discussion and lawyers would be informed in case of a delay in the verdict.
Attorney general Pakistan presented a list of 102 people who are in military custody.
Senior lawyer and another petitioner Aitzaz Ahsan put his weight behind formation of full court having total confidence in the bench, adding the court had included all the available judges on the bench.
He, however, pointed out that 102 people should have been kept in judicial custody instead of military’s.
The court then reserved its decision on whether to form a full court or not on the issue of military courts.
PTI Chairman Imran Khan’s counsel Shoaib Shaheen sought the current bench should continue with the proceedings besides stating, “There is an unannounced martial law in the country,”.
During the proceeding Justice Ayesha Malik raised a point that sending suspect to military courts was not mentioned in the magistrate’ order.
Justice Naqvi also raised a query there are only photographs provided against suspects.
The AGP during the proceedings assured the apex court, that no person will be sentenced to death or life imprisonment and the trials will not start without court’s knowledge.
The CJP also placed a question before petitioners as how a full court can be formed when some judges excuse themselves from hearing.
Supreme Court decision states clearly if a judge who recuses himself from hearing a case cannot be asked to hear it.
