Chief Justice of Pakistan Justice Umar Ata Bandial on Thursday reconstituted a seven-member bench hearing appeals against trial of civilians in military courts after senior judges including Justice Qazi Faez Isa recused themselves from hearing the case. The new seven-member bench headed by Chief Justice Umar Ata Bandial will also comprise Justice Yahya Afridi, Justice Mansoor Ali Shah, Justice Ayesha Malik, Justice Mazahar Ali Naqvi, Justice Ijazul Ahsan and Justice Muneeb Akhtar. Earlier, the Supreme Court started hearing of petitions filed by Aitzan Ahsan and Justice (retd) Jawwad S Khawaja against trial of civilians in military courts.

However, the Supreme Court bench hearing petitions was dissolved when senior justices of the apex court including Qazi Faez Isa refused to hear the pleas taking stance that Practice and Procedure Bill case should be decided first. Justice Sardar Tariq Masood also recused himself from hearing the case saying he agreed with viewpoint of Justice Isa. As petitioner Aitzaz Ahsan and senior lawyer Latif Khosa insisted upon hearing the case, Chief Justice of Pakistan Justice Umar Ata Bandial remarked that two senior judges had objected to the bench, so there was no room for further arguments. He said the court could vacate stay on Practice and Procedure Bill. Earlier, prominent lawyer Aitzaz Ahsan, Justice Jawad S Khawaja, and others had approached the apex court in this regard through their lawyers.

Ahsan's plea requested court to render civilians’ trial in military courts “unconstitutional”, annul sections 2 and 59 of the Army Act, and declare section 94 and rules “unconstitutional”. Moreover, the petitioners also pleaded court to annul ATC’s decisions of handing over civilians to army courts, and order release of civilians detained under army laws.

 
Credit : Independent News Pakistan-INP