ISLAMABAD: Prime Minister Shehbaz Sharif has appointed former law minister and MQM-P leader Barrister Dr Farogh Naseem as his counsel in the hearing of petitions challenging the trials of civilians in military courts as the Supreme Court will resume hearing on Monday (today).
The seven-member bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi — will resume hearing a set of petitions against trial of civilians in the military courts on Monday (today).
The petitions, separately filed by PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, senior lawyer Aitzaz Ahsan, and five civil society members including Piler Executive Director Karamat Ali, have requested the apex court to declare the military trials unconstitutional.
During the previous hearing, CJP Bandial remarked that the apex court’s bench would have a look under what basis the anti-terrorism court (ATC) judge shifted the cases related to May 9 riots to military courts.
CJP Bandial, while citing Justice Shah, said that the army is directly affected related to the matters like national security.
“Provoking serving army officer for conspiracy against national security was a serious crime,” CJP remarked, adding that reviewing Army Act clauses was not needed.
“It wasn’t correct to say that the civilians cannot be tried in the military courts ever. A civilian is tried in the military court if he incites the army for treason.”
It needs to be seen what method was adopted to bring civilians under the jurisdiction of military courts, and on which basis the anti-terrorism court (ATC) sent the cases to the military courts, he added.
Govt to ‘challenge’ SC bench hearing
The government has decided to challenge the constitutional and legal status of the seven-member bench of the SC on Monday, hearing the pleas against the trial of civilians in military courts.
Special Assistant to the Prime Minister (SAPM) on Accountability Irfan Qadir will appear on behalf of Defence Minister Khawaja Asif before the bench while Shah Khawar would represent the interior minister in the court.
The bench has issued notices to Prime Minister Shehbaz Sharif, Interior Minister Rana Sanaullah, and Defence Minister Asif in the case.
