In a recent hearing of multiple petitions challenging the trial of civilians in military courts, Chief Justice of Pakistan (CJP) Umar Ata Bandial stated that it was “impossible” to establish a full court to hear the case.
The CJP made this remark during the apex court session, citing technical limitations as the reason for the impossibility.
The six-member bench assigned to hear the petitions consisted of Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Munib Akhtar, Justice Mazahir Ali Akbar Naqvi, Justice Ayesha A Malik, and CJP Bandial.
The government, through Attorney General for Pakistan (AGP) Mansoor Usman Awan, had requested the formation of a full court.
In response, the CJP said the initial bench was formed based on the availability of judges and consultations with all members. He mentioned that three judges had excused themselves from the case, and two more judges had done so on the first day of the hearing.
During the hearing, the AGP referred to an additional note by Justice Afridi in a previous order, which expressed the belief that a full court should hear the matter. However, Justice Ayesha criticized the government’s request, pointing out that they had objected to one judge in the previous hearing and now sought to reconstitute the bench. She expressed her confusion regarding the government’s position.
The CJP also expressed satisfaction that individuals in military custody were allowed to meet their families, emphasizing the importance of providing necessary facilities to the detainees throughout the case.
In a separate development, the defense ministry’s lawyer, Irfan Qadir, raised objections against three judges of the larger bench. However, the CJP asked Qadir to present his arguments in their designated turn, rather than in bits and pieces.
The case in question involves the trial of civilians under the Army Act, which is considered a strict law. The CJP emphasized that while the events of May 9 were of a serious nature, civilians should not be subjected to trials that go against the constitution.
