ISLAMABAD  -  The Supreme Court of Pakistan Tuesday turned down the feder­ation’s plea to constitute a full court for hearing the petitions against the trials of civilians by the military courts.

A six-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik conducted hearing of the petitions. During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan said that the petitioners’ lawyers have referred to the judgments of 21st Amendment, Liaquat Hussain and Brigadier F B Ali cases. He said that in the Rawalpindi District Bar Association’s case , a full court had heard the matter and the same should be applied in this case.

The chief justice said that the judg­es are not available and some have recused themselves, therefore, at this stage it is not possible to consti­tute a full court. Many judges are not in the country. He, however, said they will consider the request.

Irfan Qadir, appearing on behalf of the defence minister, wanted to raise an objection to some members of the bench. However, the chief justice told him that they are keen to hear him.

AGP Mansoor Usman, however, urged the chief justice to constitute the bench with available judges. He then read the June 23 order, and also read Justice Yahya Afridi in his note, which stated; “The appropriate mea­sure would be the constitution of a full court to hear the petitions.”

Justice Ayesha asked the AGP to also read SC June 26 order. She said when the federal government has ob­jected to a member of the bench, then how could it demand now that a full court be constituted? Justice Munib said this bench had already heard the case at length, therefore asked the AGP to continue his arguments.

Earlier, Supreme Court Bar Asso­ciation (SCBA) president Abid Zu­beri informed the bench that the Bar has also submitted a detailed peti­tion, adding that he would assist the court on five points. “It will be good to have your opinion,” CJP Bandi­al said. Zuberi pointed out that the apex court in Liaquat Hussain case ruled that civilians could not be tried in military courts. He cited the judge­ment by ex-CJP Justice Ajmal Mian and said that only military person­nel could be tried under army laws. “The judgement stated that a con­stitutional amendment is needed to try civilians under the Army Act,” he contended. “The main point is, how will the suspects be connected with the crime in question,” he said. The SCBA president said that there were previous verdicts in this regard, say­ing that the courts had ruled that sus­pects could only be tried if they were directly linked with the offence.