‘Trial of civilians by military courts’: Body to approach JCP for one member for constitutional bench
ISLAMABAD: A committee constituted under Article 191A (4) of the Constitution resolved to approach the Judicial Commission of Pakistan (JCP) for providing a member of the constitutional bench for hearing of ICAs against the trial of civilians by military courts.
The committee convened its third meeting on November 13, 2024, at the Supreme Court, Islamabad under the chairmanship of Justice Aminuddin Khan (senior judge).
The meeting was attended by Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and the registrar. The committee deliberated on several critical matters aimed at improving the efficiency and transparency of case management, particularly for the Constitutional Bench.
The committee noted that Justice Ayesha A Malik, being a member of the earlier bench, whose judgment (on trial of civilians by military courts) is under challenge, cannot serve on the Constitutional Bench for these appeals. Since the original intra-court appeals (ICAs) were heard by a seven-member bench, the committee resolved to approach the JCP for the Constitutional Bench to ensure the matter is heard promptly.
To expedite the disposal of pending appeals under Order V Rule 3 of the Supreme Court Rules, 1980, the committee directed the office for categorisation, compilation of cases within one week, and fixation of five chamber appeals daily for hearing before each member of the committee. To address the increasing workload, the committee recommended the requisition of a competent, civil judge to provide judicial assistance to the bench.
The registrar was tasked to prepare draft rules regulating the practice and procedures of the Constitutional Bench in consultation with Justice Muhammad Ali Mazhar, with the final draft to be reviewed by the committee for approval.
In line with measures to improve case identification and tracking, the committee approved the use of a distinctive green stamp marked “Constitutional Bench” for all relevant case files.
This change will also be reflected in the Court’s IT-based Case Flow System through integrated colour-coded tagging. Order sheets for Constitutional matters were standardised to include the headings “In the Supreme Court of Pakistan,” “Constitutional Bench,” and the specific jurisdiction type, whether original, appellate, or advisory.
To ensure procedural clarity, all cases under Article 191A will include titles explicitly designating them as belonging to the Constitutional Bench of the Supreme Court of Pakistan. Furthermore, it was decided that parties filing such cases must prepare and submit at least seven paper books. Applications for early hearings will be placed before the committee until the procedural rules for urgent cases are finalised, ensuring prioritised attention to pressing matters.
The committee reiterated that the Supreme Court exclusively holds the authority to transfer cases under Article 186A of the Constitution, and such matters will continue to be heard by regular benches. Only cases under Article 199 that involve significant constitutional questions or substantial issues of law will be referred to the Constitutional Bench.
In a significant step to enhance operational efficiency, the committee resolved to establish a dedicated branch to handle Constitutional matters under Article 191A.
This branch will be adequately staffed to ensure the smooth processing of cases. Additionally, cases already transferred to the Constitutional Bench by the Supreme Court will be scheduled in accordance with the approved roster.
Copyright Business Recorder, 2024
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