ISLAMABAD - The Supreme Court of Pakistan was Monday requested to form a larger bench for hearing of appeals against the SC judgment in trials of individuals before the military courts.
A six-member bench of the apex court headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan conducted hearing of intra-court appeals (ICAs) against the SC October 23 verdict. During the proceeding, Khawaja Hassan, appearing on behalf of former Chief Justice of Pakistan Jawad S Khawaja, said the families of 103 individuals, are in the custody of military, wanted to attend the proceedings. He requested the court to allow them to come to the court to witness the proceedings. Justice Amin said that there is an issue of space, as the lawyers representing them are already before the court. He added that if they allow the detainees’ families, then the court would be overcrowded. Salman Akram Raja, representing some detainees, argued that attorney general should file a certificate to engage the external counsels. He said that Justice Yahya Afridi, who was member of five-judge bench, which declared that civilians’ trial by the military courts is unlawful, in his note had written that the matter should be heard by 8-judge bench, as the decision in F.B. Ali case was of 7-member bench. Kh Hassan, supporting the arguments of Salman, requested the judges committee to constitute larger bench of more than eight judges of the apex court. He further said that not only Justice Yahya, but also Justice Mansoor Ali Shah wrote in their orders that there should be a bench consisting of all the available judges. Justice Amin told the AGP that on the next date they would take up the acquittal issue first and later on will hear the arguments on the legality of the petitions. During the hearing, Khyber Pakhtunkhwa’s Advocate General Shah Faisal Uthmankhel said that he wanted to withdraw his government’s appeal in the trials by military courts case as the KP Cabinet had passed a resolution in this regard. He added, “We want to withdraw the intra-court appeals.” At this the court noted that the ICAs could not be withdrawn based on a cabinet resolution and told the lawyer to file an official application for withdrawal.