The constitutional bench of the Supreme Court (SC) on Monday dismissed a petition seeking the postponement of hearings in the intra-court appeals related to the trial of civilians in military courts.
A seven-member constitutional bench, led by Justice Amin-Ud-Din Khan, heard several petitions challenging the trial of civilians in military courts and seeking their annulment.
Former Chief Justice of Pakistan Jawad S. Khawaja had filed a petition challenging the trial of civilians in military courts. Meanwhile, senior lawyer Aitzaz Ahsan had requested to suspend hearings until a decision on the 26th Constitutional Amendment petitions is reached, Express News reported.
The court dismissed the plea and imposed a fine of Rs 20,000 on former chief justice Jawad S. Khawaja.
During today’s hearing, the Supreme Court questioned the counsel of Khawaja regarding the jurisdiction of the constitutional bench. When asked if he recognised the bench, the counsel responded, “I do not accept the jurisdiction of the constitutional bench.” In response, Justice Mandokhail directed the counsel to leave the courtroom.
The counsel further argued that the current bench had been nominated by the Judicial Commission. This prompted Justice Mandokhail to inquire whether the 26th Constitutional Amendment had been invalidated.
ustice Mazhar, joining the conversation, criticised the counsel for what he perceived as delaying tactics, remarking, “At every hearing, there seems to be a new request.”
Justice Mazhar added that if the 26th Amendment were to be annulled, judicial decisions would remain protected, emphasizing that even those held under military courts would likely support this outcome.
The bench then called Hafeezullah Niazi to the rostrum. Justice Mandokhail asked Niazi if he wished to proceed with the case, to which he affirmed his intent.
However, Justice Musarrat Hilali questioned Niazi’s legal standing in the case, suggesting he lacked the necessary standing to pursue it.
Justice Mandokhail also pointed out that Niazi’s actions appeared to be prolonging the proceedings, noting that he was not personally affected by any loved ones being held in custody.
Justice Mandokhail concluded by clarifying that the Supreme Court was operating in line with the constitutional amendment, reinforcing that the court’s actions were within the scope of the law.
On the other hand, Chief Justice of Pakistan Yahya Afridi has referred the matter of forming a full court to hear multiple petitions against the 26th Constitutional Amendment to the constitutional benches committee
