Islamabad, December 9, 2024: The Supreme Court of Pakistan on Monday dismissed the government’s petition seeking permission for military courts to announce verdicts in ongoing cases.
“Granting such permission would amount to recognizing the authority of military courts,” remarked Justice Musarrat Hilali, a member of the seven-judge constitutional bench headed by Justice Amin-Ud-Din Khan. Other members of the bench included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
The bench also rejected a petition by former Chief Justice Jawwad S. Khawaja, which sought to postpone hearings on civilian trials in military courts until the issue of the 26th Constitutional Amendment was resolved.
Justice Ayesha A. Malik was not part of the bench, as the Constitutional Committee noted that her involvement would be inappropriate, given her role in a prior judgment under challenge in these appeals.
During the proceedings, Justice Mandokhail questioned Khawaja’s counsel about his stance on the constitutional bench. The counsel stated, “I do not accept the jurisdiction of the constitutional bench.” In response, Justice Mandokhail suggested, “Then you may leave the courtroom.”
The counsel argued that the current bench was nominated by the Judicial Commission. Justice Mazhar countered, accusing the petitioners of employing delaying tactics, noting, “At every hearing, some new request emerges.” He further observed, “If the 26th Amendment is annulled, judicial decisions will be safeguarded. Even those detained under military courts desire this outcome.”
Hafeezullah Niazi, another petitioner, confirmed his intent to proceed with the case. However, Justice Hilali advised him to consider the plight of those imprisoned, stating he lacked the legal standing to pursue the matter. Justice Mandokhail criticized the delays, remarking, “You are delaying proceedings because no loved one of yours is in custody.”
The bench clarified that the Supreme Court is functioning under the new constitutional amendment, with all benches constituted accordingly.
Defence Ministry counsel Khawaja Haris explained that the trial of suspects involved in the Army Public School attack was conducted under the 21st Constitutional Amendment, which allowed military courts to try civilians. Justice Mandokhail noted that the amendment at the time facilitated such trials.
Despite the additional attorney general’s argument that trials in military courts had concluded and sought approval to announce verdicts, Justice Hilali dismissed the plea, asserting that granting such permission would effectively resolve the question of military courts’ jurisdiction over civilian trials.
Salman Akram Raja, a lawyer and Pakistan Tehreek-e-Insaf (PTI) leader, also raised objections to portions of a prior judgment authored by Justice Munib Akhtar. He expressed his intent to present arguments on the matter.
The bench adjourned after dismissing Hafeezullah Niazi’s request to transfer the accused to jail, reiterating its commitment to addressing the constitutional questions at hand.
