By In a significant development, the apex court is preparing for a crucial revisit of the constitutional petitions challenging the trial of alleged May 9 rioters in military courts.
A five-member larger bench, led by Justice Ijazul Ahsan, is expected to hear the case next week, rekindling the hope of justice for the petitioners. Joining Justice Ahsan are Justices Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar, and Ayesha Malik, comprising a formidable team for this reconsideration.
This eminent bench previously featured in a six-member panel, led by former Chief Justice of Pakistan, Umar Ata Bandial, which had been overseeing the matter. The announcement of the larger bench and its subsequent roster allocation signal that the case is likely to be listed for a hearing on Monday, setting the stage for a high-stakes legal showdown.
Earlier this week, the Chief Justice of Pakistan, Qazi Faez Isa, indicated that the Supreme Court is gearing up to address critical issues. These include petitions concerning holding general elections within 90 days and the contentious matter of civilian trials in military courts.
Chief Justice Isa stated, “Cases seeking timely general elections and those related to trials of civilians in military courts will be listed soon. Difficult cases are about to come up in the Supreme Court, and it will be tough to schedule other cases during this period.” This remark came during a hearing related to the Pak Arab Refinery case.
Despite previous adjournments, petitioners remain steadfast in their pursuit of justice. The six-member bench had deferred the military trials case indefinitely on August 3.
Attorney General for Pakistan, Mansoor Awan, during the last hearing, defended the trials of civilians in military courts and noted that providing an appeal against conviction by a court-martial was under serious consideration. This ongoing delay continues to frustrate the petitioners.
Previously, the same bench had disposed of the civil society members’ request for the constitution of a full court, maintaining that it was the prerogative of the Chief Justice of Pakistan to constitute such a court.
The decision cited the unavailability of judges during the summer vacations and some judges declining to hear the petitions.
With the larger bench now in play, counsel for the petitioners is likely to renew their request for a full court. One petitioner, Junaid Razzaq, has submitted an application for an early hearing of the petition, arguing that military court trials for civilians blatantly contravene the apex court’s August 3 order. He is urging for the case to be expedited, targeting the third week of October for proceedings.
Furthermore, the petitioner has called upon the Supreme Court to immediately halt military court proceedings in his son’s case, highlighting the urgency and gravity of the situation.
In the event that the five-member bench, under the leadership of Justice Ijazul Ahsan, delivers a verdict in the military trial case, an appeal process is expected to follow.
Subsequently, a larger bench, comprising different judges, will be convened to reconsider the matter. Legal experts view both the petitions regarding timely elections and the cessation of military court trials as highly significant, as they intersect with the security establishment’s interests.
