Civilians’ trials: SC refers matter to committee for formation of larger bench

ISLAMABAD –On Wednesday, the Supreme Court (SC) submitted the civilian trial case to the Practice and Procedures Committee, which will assemble a larger bench.

A six-member bench led by Justice Aminuddin heard the appeals regarding civilians’ trial in military courts.

Justices Muhammad Ali Mazhar, Hassan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan are also on the bench.

BEGINNING OF HEARING

As the hearing began, Attorney General Mansoor Awan stated that 20 defendants had been discharged and returned to their homes on Eid.

Justice Mian Muhammad Ali Mazhar asked if there was no case against the released accused presently.

Aitzaz Ahsan rose from his seat and stated that the accused had been convicted and sent home. Unfortunately, the attorney general was not seen favorably in this case, he stated.

Justice Aminuddin enquired as to if what Aitzaz was discussing was in the attorney general’s submission list. Aitzaz confirmed that it was on the list. Later, the court made the attorney general’s statement part of the evidence.

Objection on the Bench

Khawaja Ahmad Hussain, the counsel for petitioner Justice Jawad S Khawaja, expressed objection on the bench and stated the matter should be returned again to the judges committee for composition of a nine-member bench.

On this occasion, Aitzaz and other lawyers sought the court to bring judgments on record. The lawyers argued that verdicts for 20 accused should be recorded.

The court indicated that it will request copies of the rulings. Justice Shahid Waheed stated that the court wants to know whether procedures were followed during the trial.

Later, the Supreme Court requested copies of military court judgments while hearing appeals involving civilian prosecutions in military courts.

Following the arguments of the counsels, the six-member bigger bench of the Supreme Court submitted the case to the Practice and Procedures Committee over the objections of the major petitioners.