SC reserves verdict on appeals against military trials of civilians

ISLAMABAD: A six-member Supreme Court bench on Wednesday reserved its verdict on a set of intra-court appeals (ICAs) challenging its Oct 23 unanimous ruling, wherein it had nullified military trials of 103 civilians.

The bench is headed by Justice Sardar Tariq Masood and it includes Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan.

Earlier, a five-member bench of Supreme Court had nullified the military trials of 103 civilians on October 23.

The intra-court appeals were filed by the caretaker federal government as well as the provincial governments of Balochistan, Khyber Pakhtunkhwa and Punjab.

At the outset of the hearing, Justice Masood refused to recuse himself from the bench due to the objections raised.

He suggested to the counsels to read a previous verdict by former Justice Jawwad S Khawaja, adding that it was up to the judge to remain a part of the bench or recuse themselves.

Here, Advocate Latif Khosa, the counsel for Aitzaz Ahsan, who was one of the petitioners against the military trials, objected to the formation of the bench, at which Justice Masood asked him whether he had been issued a notice as a respondent in the case.

“When the respondents will be notified, then we will see your objection,” the judge remarked.

Khosa emphasised he objected as the judge was currently presiding over the case. Faisal Siddiqui, the counsel in pleas filed by civil society members, argued that the government cannot avail the services of a private lawyer.

To this, AGP Awan replied that all legal requirements for the services had been fulfilled and urged the court to first hear the petitioners who had filed the ICAs.

Advocate Salman Akram Raja then asserted that the Supreme Court could not “suspend the verdict nullifying the [military] trials without listening” to counsels in the original pleas.

Khosa then argued that arguments are presented if there are objections to the judges hearing the case. Raja said that if they objected once the respondents were notified, the case would have been “affected”.

Controversial acquittal in Kasur video scandal case sparks outrage

Khosa further said that Justice Masood had already voiced his opinion on the case in a previous note, following which the judge reiterated that he would not recuse himself from hearing the appeals.

Here, AGP Awan questioned how the objections could be entertained when the notices had not been issued on the ICAs yet. “The one who objected is himself not present in the court,” he added.

He urged the SC to begin hearing arguments on the appeals first, which the court accepted.

Aitzaz Ahsan then came to the rostrum and urged the court to first decide on the objections raised on Justice Masood’s inclusion, at which the judge once again stated he was not refusing himself.

Justice Mazhar then told the Shuhada Forum lawyer that he would have to edit the appeal after a detailed order was issued.

When Justice Masood directed the AGP to begin presenting his arguments, the latter expressed he would like to offer defence ministry counsel Khawaja Haris the chance to do so first.