During the hearing of the intra-court appeals once morest the civilian trial in the military courts in the Supreme Court, the court has sought the details of 103 people under custody from the Attorney General. A 6-member bench headed by Justice Aminuddin Khan heard appeals once morest the annulment of trials of civilians in military courts in the Supreme Court.
At the beginning of the hearing, the lawyer of the petitioner, Justice Retd. Jawad S. Khawaja, raised an objection to the bench and said that our objection is to the members of the bench. The bench should have been bigger.
Jawad S. Khawaja’s lawyer pleaded for the formation of a 9-member bench and said that in this case it should not be given the impression that the verdict was based on the formation of the bench.
Justice Retired Jawad S Khawaja’s lawyer said that the accused are in custody, their families want to join the court proceedings, so the court should allow the families to watch the hearing.
The lawyer said that the question should not remain that if there was a 9-member bench, the decision would have been different. It is a matter of public trust on this institution.
On the other hand, the Khyber Pakhtunkhwa government requested the military courts to withdraw the appeals once morest the annulment of the trial of Soylanz.
The KP government’s lawyer said that they want to withdraw the intra-court appeals, the resolution of the provincial cabinet has been presented in the court.
The Supreme Court judges told the Khyber Pakhtunkhwa government’s counsel that the cabinet cannot withdraw appeals on the resolution, it would be appropriate that you file a formal application to withdraw the appeals.
Petitioners once morest military courts also objected to private lawyers. Lawyer Faisal Siddiqui said that the Attorney General has filed 5 appeals on behalf of government institutions, while the services of private lawyers have been obtained from some ministries. If appeals have been filed, why should public money be spent on private lawyers?
Lawyer Ahmed Hussain also said that it would be appropriate to send the matter to the Judges Committee once more for the formation of the bench. Earlier, he had requested to form a 9-member bench, on which Justice Muhammad Ali Mazhar said that if a 9-member bench had been formed earlier, the appeals would be heard today. It was not possible.
Ahmed Hussain said that the 5-member bench of the Supreme Court has declared the trial invalid by giving a unanimous decision and if the 6-member bench now declares it invalid by 4-2, it will become controversial and it is necessary for public trust in the judiciary that the decision Don’t be controversial.
During the hearing, the court asked the Attorney General to enter the details of the cases of the detained persons and tell how many of the 103 persons are acquitted and how many are innocent.
The Supreme Court adjourned further hearing of the case till Thursday, March 28.
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2024-05-09 13:31:17