ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has formed a nine-member larger bench under his leadership to hear petitions on Thursday challenging the trial of civilians in military courts under the Army Act.
The larger bench headed by the chief justice will take up the petitions tomorrow (Thursday) at 11:45am.
Besides CJP, the nine-member bench consists of Senior Puisne Judge Justice Qazi Faiz Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi.
This development came a day after former chief judge Jawwad S. Khawaja questioned whether civilian institutions like the Supreme Court could support “militarization of justice” in response to the coalition government’s decision to try May 9 rioters in military courts.
“Power emanating from a gun’s barrel is another important aspect of this case. It has to do with the army’s might. Land and companies are under army control. It has historically possessed authority over and influence over our political system. Its authority and influence considerably beyond its constitutional obligations. If it is not a state within a state, it is referred to as the “establishment” and is seen as a separate entity from the government.”
“The question for our civilian institutions including this court is whether the militarization of justice will be endorsed,” said a 39-page constitution petition filed through Khwaja Ahmad Hosain advocate.
The former top judge asked if Pakistanis as a nation want to march backwards in time “with banners flying and drums beating to old tunes”.
The former CJP prayed the apex court to declare that when ordinary courts are functioning, court martial of civilians by military courts is unconstitutional.
Moreover, Barrister Aitezaz Ahsan and Barrister Sardar Latif Khosa on Tuesday called on CJP Bandial to discuss important legal matters, The News reported on Wednesday.
