Chief Justice of Pakistan Justice Umar Ata Bandial on Thursday reconstituted a seven-member bench hearing appeals against trial of civilians in military courts after senior judges including Justice Qazi Faez Isa recused themselves from hearing the case.
The hearing will resume at 1:30 pm. The new seven-member bench headed by Chief Justice Umar Ata Bandial will also comprise Justice Yahya Afridi, Justice Mansoor Ali Shah, Justice Ayesha Malik, Justice Mazahar Ali Naqvi, Justice Ijazul Ahsan and Justice Muneeb Akhtar.
Earlier, the Supreme Court started hearing of petitions filed by Aitzan Ahsan and Justice (retd) Jawwad S Khawaja against trial of civilians in military courts.
However, the Supreme Court bench hearing petitions was dissolved when senior justices of the apex court including Qazi Faez Isa refused to hear the pleas taking stance that Practice and Procedure Bill case should be decided first.
Justice Sardar Tariq Masood also recused himself from hearing the case saying he agreed with viewpoint of Justice Isa.
Justice Qazi Faez Isa, at the outset of the hearing, said he wanted to give some observation when senior lawyer Latif Khosa expressed his pleasure. Justice Isa asked Latif Khosa to express his pleasure outside the court as it was not a political forum.
Justice Isa then remarked that his order was set aside through a circular passed by the registrar. Justice Isa further remarked that he was not detaching himself from the bench but he did not consider the larger bench hearing pleas against military courts a proper bench.
As petitioner Aitzaz Ahsan and senior lawyer Latif Khosa insisted upon hearing the case, Chief Justice of Pakistan Justice Umar Ata Bandial remarked that two senior judges had objected to the bench, so there was no room for further arguments. He said the court could vacate stay on Practice and Procedure Bill.
Earlier, prominent lawyer Aitzaz Ahsan, Justice Jawad S Khawaja, and others had approached the apex court in this regard through their lawyers.
Ahsan's plea requested court to render civilians’ trial in military courts “unconstitutional”, annul sections 2 and 59 of the Army Act, and declare section 94 and rules “unconstitutional”. Moreover, the petitioners also pleaded court to annul ATC’s decisions of handing over civilians to army courts, and order release of civilians detained under army laws.
“The petitioner has no personal interest in this case and the relief sought is for the benefit of all citizens regardless of political affiliation,” Justice (retd) Khawaja said in his petition, submitted through his counsel Khawaja Ahmad Hosain.
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