ISLAMABAD, JUN 25: In a surprise move, former law minister Barrister Dr Farogh Naseem will represent Prime Minister Shehbaz Sharif in the Supreme Court as the top court will resume hearing pleas challenging the trials of civilians in military courts on Monday (tomorrow).
A 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 tomorrow.
According to the details, PM Shehbaz has appointed Naseem as his counsel in the case.
The government had decided to try civilians under army laws after enraged protesters belonging to the Pakistan Tehreek-e-Insaf (PTI) vandalised army installations following the arrest of their party chief.
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 a seven-member bench of the SC tomorrow (Monday), hearing the pleas against the trial of civilians in military courts.
According to The News, Special Assistant to the Prime Minister (SAPM) on Accountability Irfan Qadir will appear on behalf of Defence Minister Khawaja Asif before the bench when it will resume the hearing.
The bench has issued notices to Prime Minister Shehbaz Sharif, Interior Minister Rana Sanaullah, and Defence Minister Asif in the case. While Shah Khawar would represent the interior minister in the court.
