SC takes up pleas against civilians’ trials in military courts next week

ISLAMABAD: A Supreme Court eight-member larger bench on July 21 will take up the petitions challenging the Supreme Court (Practice and Procedure) Act 2023.

It will be seen as to what stance, the attorney general will take and what will be the fate of the controversial law that had been challenged in the apex court while the court had in its order had noted that “prima facie the contentions raised disclose that there is a substantial, immediate and direct interference with the independence of the judiciary in the form of multiple intrusions, in the guise of regulating the practice and procedure of this court and conferring upon it a jurisdiction that appears not to be permissible under any constitutional provision”.

Likewise, on July 18, a six-member larger bench of the apex court headed by Chief Justice Umer Ata Bandial will resume hearing in the petitions at 11:30am challenging the trial of civilians in military courts wherein notices have been issued to parties concerned.

Other members of the bench include Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik.

Despite seeking time twice through the attorney general, the government has not yet reviewed the provisions of the two controversial legislations — one enacted aiming at curtailing the powers of the chief justice while the second is the Supreme Court (Review of Judgments and Orders) Act 2023.

“We have not yet taken the task of reviewing the sections of both the laws as we are awaiting the court’s decision, reserved by six-member bench of the apex court on Supreme Court (Review of Judgments and Order) Act 2023, a senior official in the government told The News.

On June 19, a three-member bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsen and Justice Munib Akhtar reserved the judgment on petitions challenging the vires of Supreme Court (Review of Judgements and Orders) Act 2023.

The chief justice had said that they (judges) would consult each other and will announce the judgment soon.Ghulam Mohiuddin, Zaman Khan Vardak and the Jurists Foundation through its CEO Riaz Hanif Rahi had challenged the vires of the Supreme Court (Review of Judgments and Orders) 2023.

Similarly, Pakistan Tehreek-e-Insaf (PTI) had also pleaded the court to be impleaded as party in the case and its counsel Barrister Ali Zafar had also argued before the court.During the hearing, CJP Bandial had observed that “there shouldn’t be unilateral legislation with regard to the judiciary”.

The CJP had further observed that the government should have held consultation with the Supreme Court while making laws with regard to internal administrative affairs of the judiciary.

An eight-member bench of the apex court headed by the CJP on April 13 had stayed the operation till further order on the bill aimed at curtailing the powers of suo moto jurisdiction of the Chief Justice of Pakistan as well as constitution of benches.

The bench had given the order on the petitions, challenging the Supreme Court (Practice and Procedure) Bill 2023, passed by the joint session of Parliament.

Other members of the bench included Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ms Ayesha A Malik, Justice Syed Hassan Azhar Rizvi and Justice Shahid Waheed.

“The moment that the Bill receives the assent of the President or (as the case may be) it is deemed that such assent has been given, then from that very moment onwards and till further orders, the Act that comes into being shall not have, take or be given any effect nor be acted upon in any manner”, the court had held in its written order.

On June 1, an eight-member bench of the apex court headed by Chief Justice Umer Ata Bandail had adjourned the petitions challenging the Supreme Court (Practice and Procedure) Act 2023 after Attorney General Mansoor Usman Awan informed the court about government’s intention to harmonise some “overlapping provisions” of the Supreme Court (Practice & Procedure) Act 2023 and the Supreme Court (Review of Judgements and Orders) Act 2023.

The attorney general had explained to the court that Section 4 of the Supreme Court (Review of Judgments and Orders) Act 2023 that provides review of the court judgments overlap with Section 6 of the Supreme Court (Practice and Procedure) Act 2023 as both talks about the right to appoint counsel of choice by the petitioners.

Similarly, the AG had contended that Section 2 of the law on Review overlaps with Section 5 of law on Practice and Procedure since both sections deals with enlargement of jurisdiction of the court by considering the review on a judgment to be an appeal etc.

On June 8, the said larger bench had postponed for the second time, hearing in the petitions, challenging the Supreme Court (Practice and Procedure) Act 2023, due to non-availability of one of the Members Justice Shahid Waheed.