ISLAMABAD: Regarding the trial of civilians in military courts, the Supreme Court referred the matter to the Practice and Procedure Committee for the formation of a larger bench.
A six-member larger bench headed by Justice Aminuddin Khan heard the intra-court appeals. Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali and Justice Irfan Saadat Khan are included in the bench.
At the beginning of the hearing, the Attorney General said that 20 people have completed their sentences and gone home before Eid. Justice Hasan Azhar Rizvi said in his remarks that the decisions of the 20 people who were released after serving their sentences are part of the court record, while Justice Mr. Hilali said that the decisions of the military court should be brought on the court record.
In his remarks, Justice Shahid Waheed said that the decision of the military court will tell what procedure was followed in the trial, while Justice Muhammad Ali Mazhar said that he wanted to see whether the lawyer of his choice was provided or not.
Justice Aminuddin remarked that we have made the issuance of military court decisions subject to the final decision of the Supreme Court, but if you say so, we will call for military court decisions.
Lawyer Aitzaz Ahsan said that the people detained for one year were not even issued a certificate, on which the court said that there is no such certificate but an order.
Lawyer former Chief Justice Jawad S Khawaja said that in the light of the note of Justice Mansoor Ali Shah and Justice Yahya Afridi, a larger bench should be formed, at least a 9-member larger bench should be formed to hear this case, the real question is that Can a civilian be tried in military courts or not?
During the hearing, Justice Musrat Hilali had an interesting conversation with Advocate Aitzaz Ahsan. Aitzaz Ahsan said that when the Supreme Court decides a matter, it cannot be tampered with, the tiger does not know its power. Justice Musrat Hilali said that we are fully aware of our power, barrister sir.
After the arguments of the lawyers, the six-member larger bench of the Supreme Court referred the matter to the Practice and Procedure Committee after the objection of the main petitioners.
It should be noted that the court had ordered the release of 20 accused who were sentenced for one year before Eid-ul-Fitr, while the Attorney General submitted the details of the accused who were released on Eid-ul-Fitr to the Supreme Court.
