CJP expects no civilian trial in military courts while case being heard in SC

Chief Justice of Pakistan (CJP) Umar Ata Bandial said on Monday that he expected no civilians would be tried in military courts while the matter was being heard in the Supreme Court (SC).

The CJP said that all the 102 people currently in the military’s custody should be allowed to meet their families.

Earlier, the seven-member SC which was hearing a set of pleas challenging the military trials of civilians was dissolved for a second time after Justice Mansoor Ali Shah recused himself from hearing the case.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan relayed the government’s objections to Justice Shah’s inclusion in the bench, saying that one of the petitioners, ex-CJP Jawwad S Khawaja, was related to him.

’’The bench will not be made by your will,“ the CJP said as he expressed his anger. He asked the AGP on what basis was he raising objections on Justice Shah.

The attorney general replied that Justice Shah had a conflict of interest.

Subsequently, Judge Shah also recused himself from hearing the case.

Once the hearing resumed, the CJP formed a six-member bench comprising, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Sayyed Ma­­zahar Ali Akbar Naqvi and Justice Ayesha Malik.

Originally, a nine-bench bench had been constituted to hear the case. However, on the first hearing, Justice Qazi Faez Isa had said he did not consider the SC bench “a bench“. Justice Sardar Tariq Masood had also raised his objections.

Later, once the hearing resumed, the CJP formed a seven-member bench.

During the last hearing, the AGP informed the apex court that 102 people all over the country are in military custody, none of them women or juveniles, and no decision has been taken yet to try women and juveniles in the military courts.

AGP Awan further said that no journalist or lawyer is in military custody.

The chief justice hinted that by Tuesday, which is the last working day because of Eid, to declare the result of the instant proceedings. The Court wanted the outcome of the hearing “is simple and not straightaway”.