Supreme Court: The decision to declare the trial of civilians in military courts as null and void is suspended

The petitioner, Jawad S. Khawaja, had objected to the head of the bench, Justice Sardar Tariq, on which Justice Tariq refused to leave the bench/file photo.

ISLAMABAD: The Supreme Court has suspended the decision to invalidate the trial of civilians in military courts.


A 6-member larger bench headed by Justice Sardar Tariq Masood, Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musrat Hilali and Justice Irfan Saadat, against the decision to nullify the trials of civilians in military courts. A hearing was held on intra-court appeals in which the Attorney General, Salman Akram Raja and the Attorney General appeared in the court.


The petitioner, former Chief Justice Jawad S. Khawaja, had objected to the head of the bench, Justice Sardar Tariq, on which Justice Tariq refused to leave the bench.


At the beginning of the hearing, Justice Tariq asked the lawyers of the parties that has anyone noticed you? On this, Aitzaz Ahsan said that if there is an objection to the judges before the notice, there are arguments on it. On this, the Attorney General said that the objection of the lawyers of the parties is baseless, first hear the case on merits, objection can be raised after the notice.


Justice Tariq asked the lawyers who has objected? On this, Salman Akram Raja said that the objection was made by Jawad S. Khawaja, Justice Tariq replied that Jawad S. Khawaja has his own decision that the judge wants to leave the bench on the objection, I do not want to leave the bench, what should I do? will


Latif Khosa said that you are sitting and hearing the case despite our objection, on this Justice Tariq said that should you stand and hear the case?


The Attorney General became angry during the hearing and said that when there is no notice, how can the objection be heard? Those who objected are not in the court themselves, it is better for the bench to start hearing the appeals first.


Justice Tariq said that even in criminal cases, no decision is suspended without notifying the other side, the decision has not been suspended yet and it cannot be suspended without notice.


Salman Akram Raja said in arguments that the court cannot suspend the decision to annul the trial without hearing us.


Justice Tariq said that an entire section of a law was invalidated in Duline.


Meanwhile, defense ministry lawyer Khawaja Haris said that the trial of civilians is not going on in military courts, only those civilians who are a threat to national security will be tried in military courts. 104 people have been in the custody of the army for 7 months. His trial should be completed.


The court asked whether the trials had been completed. The Attorney General said that some of the accused had been indicted, some of them were guilty, many of the accused may be acquitted, and those who were sentenced would not exceed 3 years. Will be less than 3 years? Attorney Jalar said that in case of lesser punishment, the detention period of the accused will also be part of the punishment.


Later, after hearing the arguments of the parties, the court reserved its decision to stay the order suspending the trials of civilians in military courts, which was delivered some time later.


The court suspended the October 23 decision to nullify the trials of civilians in military courts, which the court pronounced five to one.


Justice Musrat Hilali of the 6-member bench disagreed with the five-judge verdict.