ISLAMABAD: A seven-member bench of the Supreme Court (SC) on Thursday soughts a complete record of all those who were arrested after May 9 riots that erupted in the country following the arrest of former prime minister and Pakistan Tehreek-e-Insaf chief Imran Khan from the Islamabad High Court premises.
The directives by the apex court came as a newly formed seven-member bench resumed hearing in the afternoon after the nine-member panel was dissolved when two senior judges Justice Qazi Faiz Esa and Justice Tariq Masood recused themselves to be part of the bench over some reservations.
Earlier in the morning, when a nine-judge bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Isa, Justice Masood, Justice Syed Mansoor Ali Shah, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Mazahar Ali Naqvi and Ayesha Malik toop up the case, Justice Isa was the view that he could not become part of any bench until the case relating to the Supreme Court (Practice and Procedure) Bill, 2023 was resolved. Justice Masood also supported Justice Isa’s views.
Hearing Against MLY Courts
Later, ehen the seven-member bench heard the case, Justice Mansoor Ali Shah said anyone having reservations about the seven-member bench should make it known immediately. On this, representatives of petitoners said they had no objection.
Meanwhile, PTI chairman’s lawyer Shoaib Shaheen said certain objections were raised against their petition. The CJP replied that all concerned matters of a “political nature” were included in the plea.
“We don’t want to hear that now. Military courts are in the spotlight right now,” Justice Bandial said.
Shaheen, however, urged the court to include PTI’s plea among those heard. Chief Justice Bandial responded by saying that the court will see.
lawyer Latif Khosa then initiated his arguments and said that after invoking Article 245, the power of the high courts under Article 199 ended. However, Justice Afridi pointed out that the requisition notification of the armed forces has been withdrawn.
The lawyer then read aloud in the court a leaflet issued after the hearing in which the CJP told him to only read the relevant paragraph. “The relevant paragraphs state that the perpetrators will soon be brought to justice under the Army Act,” Khosa said.
Judge Bandial then asked if trials of civilians had been initiated in the country’s military courts.
Khosa responded by saying that they had started. The lawyer also pointed out that the leaflet issued by the National Security Committee also spoke of “irrefutable evidence”.
“I have no sympathy for those who attacked military installations,” Khosa said adding that those who have committed crimes should be punished under the law.
However, Justice Shah urged the lawyer to show the court that the trials in the military courts had begun. Khosa then read the verdicts handed down by the anti-terror courts for handing over the suspects to military courts.
Justice Shah then asked whether any of the affected persons had moved to the apex court. “I have no such information,” replied Khosa.
Amid the hearing CJP Bandial, said that the court wanted to stick to the facts. He said that countless names were included in the cases that were registered. “Why were the names of some policemen included in the cases?” he asked.
“How many people were booked and how many were arrested?” Justice Shah also asked.
Khosa said that around 4,000 people were arrested across the country on May 10, adding that cases were registered against PTI’s Shah Mahmood Qureshi, Murad Saeed, and Hammad Azhar.
Justice Shah said that a request is given to the court or the magistrate regarding trying civilians in military courts. He said that the courts may have had a reason for allowing the cases to be transferred.
Meanwhile, Justice Ayesha remarked that only “their people” could be tried in military courts, adding that the same did not apply to civilians.
“This is exactly what our case is about. Trials of civilians cannot be held in military courts,” Khosa said.
After a detailed argument session between lawyers and judges, the hearing was subsequently adjourned till 9:30 am Friday. The court also sought arguments from Faisal Siddiqi by tomorrow, who is representing Karamat Ali.
