The Supreme Court has issued a written order for the July 11 judicial proceedings related to the trial of civilians in military courts. The court declared that the petitioners wasted much time on arguments against hiring a private lawyer despite knowing it. The court directed the Ministry of Interior. Dismisses the miscellaneous petition against the appointment of private counsel.
The Supreme Court has issued a written order for the July 11 judicial proceedings related to the trial of civilians in military courts.
The written order said that a separate application was filed by the Ministry of Home Affairs against the appearance of a private counsel. but wasted
The court order further said that the court rejects the miscellaneous petition against the appointment of a private counsel by the interior ministry, besides adding an additional note by Justice Shahid Waheed in the written order.
Trial of Civilians in Military Courts: Supreme Court orders not to treat accused in inhumane manner
Justice Shahid Waheed said in an additional note that the Attorney General said that due to the criminal technical aspect of the case, a private lawyer was appointed to assist the court, the honest opinion of the Attorney General is commendable, instead of protecting an individual person, private counsel was appointed under public interest. Can be advocated.
Background of the case
It should be remembered that on July 8, during the Supreme Court’s hearing of the case against the civilian trial in the military courts, Justice Jamal Madukhil remarked that the place where Quaid-e-Azam spent his last days was set on fire.
It may be recalled that on May 4, the senior judge of the Supreme Court, Justice Shahid Waheed, highlighted the need for early hearing of military court cases because the issues highlighted in this case include the lives and liberties of civilians. .
It may be recalled that on March 20, former Chief Justice Jawad S. Khawaja filed a request in the Supreme Court for early hearing of appeals against military trials of civilians in military courts.
Former Chief Justice Jawad S Khawaja, through his lawyer Advocate Khawaja Ahmed Hussain, filed a petition, pleading that if the appeal is dismissed, the citizens will have to remain in military custody for months without reason.
The petitioner demanded that the case be heard on priority basis by March 25 as the continued military detention of civilians would cause irreparable harm.
Former Chief Justice Jawad S Khawaja is one of the petitioners who approached the court against the military trial of civilians arrested on charges of violent protests on May 9 last year.
It should be noted that in October 2023, a 5-member bench of the Supreme Court gave a unanimous decision, in which the trial of 103 citizens was declared unconstitutional.
The decision was challenged by the federal government, Ministry of Defence, Punjab, Khyber Pakhtunkhwa and Balochistan government through intra-court appeals, later a 6-judge bench stayed the decision on 13 December 2023 by a majority of 5-1.
On January 29, Justice Sardar Tariq Masood (retd.) referred the intra-court appeal to a 3-judge committee to set it up for hearing before a larger bench.
A committee comprising the Chief Justice and 2 senior judges was entrusted with the task of constituting the benches under the Supreme Court (Practice and Procedure) Act, 2023.
While giving the matter to the committee, former Justice (retd) Sardar Tariq Masood made it clear that the October 23 order will remain suspended until the formation of the bench.
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2024-08-25 10:50:12
