SC Rejects Plea To Halt Civilians’ Trial In Military Courts

A seven-member Constitutional bench led by Justice Amin-ud-Din Khan imposes fine on former CJP Jawad S. Khawaja

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-Dec 9^th, 2024) The Supreme Court of Pakistan on Monday rejected the petition to halt the trial of civilians in military courts.

A seven-member Constitutional Bench, headed by Justice Amin-ud-Din, heard the petition regarding the trial of civilians in military courts.

Former Chief Justice of Pakistan, Jawad S. Khawaja, had filed a request to postpone the hearing of the case related to the trial of civilians in military courts until a decision was made on petitions against the 26th Constitutional Amendment.

The court asked Jawad S. Khawaja's lawyer if they acknowledged the Constitutional Bench, to which the lawyer responded that he did not accept the jurisdiction of the Constitutional Bench.

Justice Jamal Mandokhel told Jawad S. Khawaja's lawyer to leave the courtroom to which the lawyer replied that the current Constitutional Bench had been nominated by the Judicial Commission.

Justice Jamal Mandokhel inquired whether the 26th Constitutional Amendment had been annulled while Justice Muhammad Ali Mazhar observed that delaying tactics were being used, with such requests being filed at every hearing.

He added that if the 26th Constitutional Amendment were annulled, judicial decisions would be protected, and those held under military courts also desired the same.

The Constitutional Bench called Hafeezullah Niazi to the rostrum and asked if he wanted to pursue the case. He replied that he did wish to proceed with the case. Justice Musarat Hilali remarked that those in jail should be considered, and that Niazi had no claim in this case.

Justice Jamal Mandokhel observed that since no loved ones of the petitioner were under custody, the delay seemed intentional.

He further said that the Supreme Court was working under the constitutional amendment, and any bench formed would be under the new amendment. The case related to the constitutional amendment would also be heard by the bench formed under that amendment.

The Constitutional Bench turned down the petition to postpone the hearing of the military courts' case until the decision on the 26th Amendment and disposed of the case.

The SC also imposed a fine Rs20,000 on former Chief Justice of Pakistan Jawad S. Khawaja.