Civilians’ trial in military courts: Lawyers for PM, ministers to repeat objections raised by Justice Isa

ISLAMABAD: The seven-member larger bench of the Supreme Court will have to face hard questioning on Monday (today) when it would resume hearing petitions against the trial of civilians in military courts.

The objections, which were earlier raised by the designated chief justice of the country Qazi Faez Isa, would be repeated by the counsel for Prime Minister Shehbaz Sharif, Defence Minister Khawaja Muhammad Asif and Interior Minister Rana Sanaullah Khan, who were issued notices for appearing last week.

Sources told The News on Sunday that apart from the legal and constitutional status of the bench, the lawyers for prime minister and two federal ministers, without prejudice to their standpoint on legal status of the bench, would raise objection on inclusion in the bench of four judges, including Chief Justice Umar Ata Bandial, Justice Ejazul Ahsan, Justice Muneeb Akhtar and Justice Mazhar Ali Akbar Naqvi.

They will bring about new points for challenging the presence of the four judges in the bench. The bench, which originally consisted of nine judges, was reduced to a seven-member bench, as two senior judges, Justice Qazi Faez Isa and Justice Sardar Tariq Masood, objected to the constitution of the bench, and exercise of authority singlehandedly by the chief justice. They termed it contrary to the law approved by the parliament, which was part of the book.

The attorney general for Pakistan would support the contention of the counsel for the prime minister and two federal ministers.

Irfan Qadir, Advocate, will represent the defence minister, while Shah Khawar, Advocate, will be the counsel for the interior minister. The counsel for the respondent would not carry forward their argumentation and make it amply clear that it would be difficult for the government to accept the bench as a legitimate court and without pronouncing boycott, it could distance itself from the process.

Senator Dr Farogh Nasim, who is viewed as new Sharifuddin Pirzada, would be seen in the corridors of the apex court after a long break. The team of defence lawyers had an important meeting Sunday evening here to discuss their case and strategies, sources said.

Sources reminded that the bench commenced hearing of the petitions without issuing a notice to the government and authorities concerned, which would also be objected to at some stage.

The defence lawyers are keen to protect the image of the judiciary, which should not be tarnished on account of a “person specific” case.

It could also be urged that the case should be heard by a full court bench instead of judges who had faced criticism for their inclusion in most of the political cases brought about in the Supreme Court, the sources added.