On Monday, the constitutional bench of the Supreme Court (SC) rejected a petition to delay hearings in the intra-court appeals concerning the trial of civilians in military courts.
A seven-member constitutional bench, led by Justice Amin-Ud-Din Khan, heard multiple petitions challenging the trial of civilians in military courts and seeking their annulment.
Former Chief Justice of Pakistan, Jawad S. Khawaja, had filed a petition against the trial of civilians in military courts. Senior lawyer Aitzaz Ahsan requested that the hearings be suspended until a decision on the 26th Constitutional Amendment petitions is made, according to Express News.
The court dismissed the request and imposed a Rs 20,000 fine on former Chief Justice Jawad S. Khawaja.
During the hearing, the Supreme Court questioned Khawaja’s counsel regarding the jurisdiction of the constitutional bench. When asked if he accepted the bench’s authority, the counsel replied, “I do not accept the jurisdiction of the constitutional bench.” In response, Justice Mandokhail instructed the counsel to leave the courtroom.
The counsel further argued that the current bench had been nominated by the Judicial Commission, prompting Justice Mandokhail to inquire whether the 26th Constitutional Amendment had been invalidated.
Justice Mazhar, joining the discussion, criticized the counsel for what he deemed delaying tactics, saying, “At every hearing, there seems to be a new request.”
Justice Mazhar further stated that if the 26th Amendment were annulled, judicial decisions would still be upheld, noting that even those held under military courts would likely support this outcome.
The bench then called Hafeezullah Niazi to the stand. Justice Mandokhail asked Niazi if he wished to proceed with the case, to which he confirmed his intent. However, Justice Musarrat Hilali questioned Niazi’s legal standing in the case, suggesting he lacked the necessary grounds to pursue it.
Justice Mandokhail also pointed out that Niazi seemed to be delaying the proceedings, noting that he was not personally affected by any loved ones being held in custody.
In conclusion, Justice Mandokhail clarified that the Supreme Court was operating in accordance with the constitutional amendment, emphasizing that the court’s actions were within the legal framework.
Meanwhile, Chief Justice of Pakistan Yahya Afridi referred the matter of forming a full court to hear multiple petitions against the 26th Constitutional Amendment to the constitutional benches committee.
