The 6-member larger bench of the Supreme Court referred the matter of the trial of the civilian to the Practice and Procedure Act Committee for the formation of a larger bench.
If there is no confidence in the bench, then there will be another Supreme Court, be it minority or majority, the decision will be taken by the same bench, Justice Muhammad Ali Mazhar.
The observations of Justice Yahya Afridi cited by the counsel for the defendant suggest that the case should have been heard in a larger bench instead of a five-member bench.
Attorney General tell about the people released by the military courts before Eid, Justice Aminuddin.
Those who were sentenced for more than one year were pardoned by the Army Chief and released, Attorney General
Those who were released were sentenced to one year, among them there was a boy who was not tried and was released, Aitzaz Hassan.
We want to see whether the procedure was followed, so put these decisions on record, Justice Shahid Waheed
A bench consisting of 9 senior judges should be formed for the hearing, Advocate Justice Jawad S. Khawaja
Islamabad ( Web News )
The 6-member larger bench of the Supreme Court of Pakistan, headed by Senior Justice Aminuddin Khan, has taken up the matter for consideration regarding the formation of a larger bench to hear the review petitions filed with reference to the trial of civilians in military courts. Sent the 3 member established under the Court Practice and Procedure Act 2023, while Justice Muhammad Ali Mazhar has remarked that if there is a question of no confidence in the bench, then there will be another Supreme Court, be it minority or majority, the decision of this bench will be taken. Ga, the observations of Justice Yahya Afridi cited by the counsel for the defendant suggest that the case should have gone before a larger bench instead of a five-member one. The Supreme Court headed by senior justice Aminuddin Khan. A six-member larger bench comprising Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Musrat Hilali and Justice Irfan Saadat Khan, against the Supreme Court’s decision regarding the trial of civilians in military courts, Martyrs Foundation Balochistan, Federal Govt. 50 revision petitions filed by the Secretary Ministry of Defence, Ministry of Law and Justice and through the Ministry of Interior and by the Government of Punjab, Government of Balochistan and others were heard in Court Room No. 4 of the Supreme Court. At the beginning of the hearing, senior lawyer Senator Hamid Khan came to the advocate roster and said that March 25 is the last order of the court, I had filed applications to be a party on behalf of Lahore High Court Bar Association and Lahore District Bar Association. No objection was raised. Justice Aminuddin Khan directed Attorney General Barrister Mansoor Usman Awan to come to the rostrum and tell about those who were released by military courts before Eid. Justice Musrat Hilali said that the sentence has been suspended or what happened? On this, the Attorney General said that those who were released were sentenced for one year or more and those who were sentenced for more than one year were pardoned by the Army Chief and released. On this occasion, senior lawyer Barrister Chaudhry Aitzaz Ahsan appeared and said that those who were released were sentenced to one year, among them there was a boy who was not tried and was released, now he is hiding. Is. Addressing the Attorney General, Justice Musrat Hilali said that we were told about 25 people, on which the Attorney General said that we were told about 20 to 25 people. Justice Hasan Azhar Rizvi asked whether the decisions have been pronounced and they are on record or not? On this, the Attorney General said that they are not on record. Meanwhile, appearing on video link from Karachi, lawyer Faisal Siddiqui said that the 20 judgments that have been pronounced should be brought on record. Justice Shahid Waheed said that we want to see whether the procedure has been adopted, so put these decisions on record. That we have made the execution of the decision of the military courts subject to the final decision of the Supreme Court, yet if you say so, we will call for the decision of the military court. Aitzaz Ahsan said that they are not even giving the certificate of keeping them in prison for one year. Those who have come out should write their names in their order. Meanwhile, Khawaja Ahmad Hussain, the lawyer of former Chief Justice Jawad S. Khawaja, said that in the light of the decisions of Justice Syed Mansoor Ali Shah and Justice Yahya Khan Afridi, the matter should be sent to a three-member committee established under the Supreme Court Practice and Procedure Act 2023 for hearing. A larger bench of 8 or 9 members should be constituted. Khawaja Ahmed Hussain said that a bench consisting of 9 senior judges should be formed for the hearing, can there be a court martial of civilians under the constitution or not? The answer to this question should always be sought. Khawaja Ahmed Hussain said that the law does not prohibit that a 9 or 10-member bench should be constituted for the hearing. Justice Muhammad Ali Mazhar said that the observations of Justice Yahya Afridi, which were quoted by the counsel, suggest that the case should have been heard before a larger bench instead of a five-member bench. Khawaja Ahmad Hussain said that Justice Yahya Afridi said that a 9-member bench should listen. Addressing the lawyer, Justice Muhammad Ali Mazhar said that if they want to give arguments for the formation of a larger bench, then let them. Justice Yahya Afridi did not separate himself from the bench and remained a part of the bench till the end. Khawaja Ahmad Hussain said that the present Chief Justice Qazi Faiz Isa had written a letter to the former Chief Justice Umar Atta Bandial on the issue of election and requested him to form a bigger bench. On this, Justice Muhammad Ali Mazhar said that the letter written to Qazi Faiz Isa is a judicial order. Khawaja Ahmad Hussain said that he does not understand why the committee has formed this six-member bench. Justice Muhammad Ali Mazhar said that no one’s letter is binding on us. Khawaja Ahmad Hussain said that we have no objection to any member of the current bench. Justice Muhammad Ali Mazhar said that if you want to send the matter back to the committee, then give arguments in this regard. Khawaja Ahmad Hussain said that with the observation of this bench that the matter is of an important constitutional nature, therefore a larger bench should be formed, no one will be harmed if a 9-member bench is formed. Justice Muhammad Ali Mazhar said that the FB Ali case should be reviewed and a larger bench should be formed in this regard. Senior lawyer Salman Akram Raja came forward and said that an eight or nine member bench should be formed to hear the case. Justice Aminuddin Khan said that the first five-member bench decided the case, what will be its effect on the eight-member bench. Justice Muhammad Ali Mazhar said that this is not a referee-judge case. Salman Akram Raja said that it would not be appropriate if the four judges annulled the decision of the five-member bench. Justice Shahid Waheed said that what will happen if this bench also confirms the earlier decision. On this, Salman Akram Raja said that a decision will be taken by a 9-member bench. Justice Muhammad Ali Mazhar said that whether it is minority or majority, the decision will be taken by the same bench, Justice Yahya Afridi should not have heard the case. Justice Shahid Waheed said that if the committee makes a six-member bench again, what will happen? On this, Salman Akram Raja said that then we will bow our heads. Meanwhile, Aitzaz Ahsan tried to speak while standing on his seat, Justice Muhammad Ali Mazhar directed him to come to the rostrum and speak. Justice Muhammad Ali Mazhar said that if there is no confidence in the bench, then there will be another Supreme Court. Aitzaz Ahsan said that send the matter to the committee and we will not have any objection. Faisal Siddiqui said that 85 people are in custody and the hearing of this case should not be delayed. Justice Muhammad Ali Mazhar said that we have not heard any arguments on merit yet. Justice Shahid Waheed said that if the judges are equal in the review, then the original decision will stand. The Attorney General said that it will be an endless exercise that a decision will be made by five or four again. During the hearing, Justice Musrat Hilali had an interesting conversation with Advocate Aitzaz Ahsan. Aitzaz Ahsan said that when the Supreme Court decides a matter, it cannot be tampered with, the tiger does not know its power. Justice Musrat Hilali said that we are fully aware of our power, barrister sir. During the hearing, senior journalist and columnist and brother-in-law of PTI founder Hafizullah Khan Niazi appeared and said that my son Hasan Niazi is missing from the military court, our children have been under physical remand for 9 months and are in custody. None of the judges on the bench is in the position I am. I don’t sleep at night, three months after the arrest I didn’t know if my son was alive or not. Meanwhile, Hafeezullah Niazi’s eyes started to shed tears and he apologized to the bench for raising his voice in the court room. Hafeezullah Niazi said that I want to become a party by presenting myself and give arguments. Meanwhile, the Attorney General assured Hafeezullah Niazi that he would look into his son’s case. The bench sent the matter to the three-member committee of the Supreme Court established under the Supreme Court Practice and Procedure Act 2023 for consideration regarding the formation of a larger bench. During the hearing, senior lawyers Sardar Muhammad Latif Khan Khosa, Khawaja Haris Ahmed, Additional Attorney General. Chaudhry Amir Rehman, Additional Attorney General Malik Javed Iqbal Venus, Advocate General Punjab Khalid Ishaq, Advocate General Khyber Pakhtunkhwa Shah Faisal Atmankhil, relatives of the accused in the custody of military courts and a large number of journalists were also present in the court room.