In Islamabad, the Supreme Court has deferred the issue of civilian trials in military courts to the Practice and Procedure Committee to assemble a broader bench.
A six-member larger bench chaired by Justice Aminuddin Khan presided over the intra-court appeals. The bench comprised Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali, and Justice Irfan Saadat Khan.
During the hearing, the Attorney General mentioned that 20 individuals had completed their sentences and were released before Eid. Justice Hasan Azhar Rizvi noted that the decisions regarding the released individuals were part of the court records, while Justice Musrat Hilali stressed the necessity of bringing the military court decisions onto the court record.
Justice Shahid Waheed emphasized that the military court decisions would reveal the trial procedures, and Justice Muhammad Ali Mazhar expressed his interest in whether the defendants were provided with their chosen lawyers.
Justice Aminuddin Khan remarked that while the Supreme Court had made the issuance of military court decisions subject to its final decision, if required, they would request the military court decisions.
Lawyer Aitzaz Ahsan pointed out that individuals detained for a year were not provided with certificates, to which the court clarified that there were no certificates but rather orders.
Former Chief Justice Jawad S Khawaja suggested forming a larger bench, citing a note from Justice Mansoor Ali Shah and Justice Yahya Afridi, emphasizing the crucial question of whether civilians could be tried in military courts.
During the proceedings, there was a notable exchange between Justice Musrat Hilali and Advocate Aitzaz Ahsan, where Ahsan highlighted the Supreme Court’s authority in decision-making, to which Justice Hilali affirmed the court’s awareness of its power.
Following arguments from the lawyers, the six-member larger bench referred the matter to the Practice and Procedure Committee after objections from the main petitioners.
It’s noteworthy that the court had ordered the release of 20 individuals who had been sentenced to one year before Eid-ul-Fitr, and the Attorney General submitted details of those released to the Supreme Court.
