The latest reports say that the government took a U-turn and objected to inclusion of Justice Syed Mansoor Ali Shah in the bench for being relative of one of the petitioners former CJP Jawwad S. Khawaja.
ISLAMABAD: (UrduPoint/Pakistan Point News-June 25th, 2023) The Supreme Court bench overseeing a series of pleas challenging the military trials of civilians has been dissolved for a second time.
Justice Mansoor Ali Shah recused himself from hearing the case after objections were raised by the government.
Initially, a nine-member bench was formed, but during the first hearing, Justice Qazi Faez Isa expressed his opinion that the Supreme Court bench was not a proper court, a sentiment supported by Justice Sardar Tariq Masood.
Consequently, a seven-member bench was established, consisting of Chief Justice of Pakistan Umar Ata Bandial, Justice Shah, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik.
The petitions challenging military trials of civilians were filed by former Chief Justice of Pakistan Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan.
During the hearing, Attorney General for Pakistan Mansoor Usman Awan objected to Justice Shah's inclusion in the bench, citing a familial relationship between one of the petitioners and the judge. However, Chief Justice Bandial dismissed the objection, stating that the bench would not be influenced by such considerations and reprimanding the government for mocking the judiciary.
The Chief Justice questioned the basis of the government's objection and whether it was related to conflict of interest or bias. He emphasized the importance of implementing court directives and expressed his belief that ex-Chief Justice Khawaja was not a political figure, praising his character and reputation.
The Attorney General then clarified that he personally had no objections to Justice Shah's presence on the bench. Justice Shah acknowledged the objection raised and recused himself from the case, despite pleas from the lawyers present who argued that the case involved fundamental rights.
The petitions filed by former Chief Justice Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan challenged the constitutionality of military trials of civilians. They sought to declare Section 2(1)(d)(i) and (ii) of the Pakistan Army Act inconsistent with the fundamental rights granted by the Constitution and requested their annulment.
As an interim measure, the petition requested the suspension of all proceedings against civilians based on the mentioned sections, or alternatively, to restrain any military court from issuing a final verdict against civilians based on those sections.
Prior to this petition, five members of civil society, represented by counsel Faisal Siddiqi, also challenged the legality of the trial of civilians in military courts in connection with the violence in the country on May 9.
Likewise, Aitzaz Ahsan, a former law minister and prominent figure in the 2007 lawyers' movement, emphasized in his petition that he aimed to ensure that none of the thousands of civilians arrested for alleged involvement in the May 9 violence would be tried in military courts.
The petition filed by PTI Chairman Imran Khan sought a declaration against the arrests, investigation, and trial of civilians during peacetime under the Pakistan Army Act 1952 and the Official Secrets Act 1923.
