Pak SC reserves verdict on petition for full court hearing on military trials of civilians

Islamabad [Pakistan], August 1 (ANI): A six-member bench of the Pakistan Supreme Court (SC) on Tuesday reserved its verdict on a fresh petition seeking the constitution of a full court to hear pleas challenging the military trials of civilians, Pakistan-based Dawn reported. 
The six-member bench of the Pakistan apex court included Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik.
Earlier, the Supreme Court had rejected the Pakistan government's plea to form a full court for the case. However, a fresh application related to the matter was filed on Monday by senior counsel Faisal Siddiqi on behalf of civil society members, according to Dawn report. 
It said, "The full court should include all judges willing and available for the adjudication on the fundamental and complex constitutional and legal questions," according to Dawn report. The petitioners stressed that the petitioners have no objection if all the judges of the apex court were part of the proposed full court. 
It further said, "t is categorically stated that unlike the government’s malafide actions, the petitioners have no objection, whatsoever, on any judge willing and available to hear this case." During the hearing on Tuesday, Umar Ata Bandial discussed the plea with the other petitioners in the case after which the apex court reserved its verdict on Siddiqi’s application.
Justice Bandial said the bench will announce its decision after holding a discussion. He further said that lawyers will be informed if there is a delay in the verdict. Speaking to reporters, a court associate said that the reserved verdict will be announced on Wednesday.
At the outset of the hearing, Justice Bandial said that senior counsel Faisal Siddiqi had filed the petition to the court a day earlier to constitute a full court to hear pleas against the military trials of civilians. He further said that the bench will hear the arguments of the lawyer representing former Chief Justice of Pakistan Jawwad S Khawaja, one of the original petitioners in the case.
Advocate Khwaja Hussain Ahmed said, "My client is the former chief justice of Pakistan. He further said, "My client wants the court to treat him like a common citizen, not a special person. He wants ‘ex-chief justice’ to be removed from his name." Justice Bandial noted that the former chief justice was a prominent personality and stressed that his petition was "apolitical," Dawn reported. 
During the hearing, AGP said that a lot of caution was exercised during the arrests. He said that people who were "directly involved" were sent to military courts. He further said, "Those who entered the Lahore Corps Commander’s residence have been sent to military courts," Dawn reported. 
The CJP noted that Awan’s claim could be proven only if there were evidence available. The AGP said that the court had questions regarding why the remaining suspects arrested for the violent events that took place on May 9 were freed. However, Justice Naqvi asked why an inquiry if it was carried out, was not brought on record. In response, Awan said that the inquiry was present. 
Meanwhile, Awan said a report on 102 suspects facing military trials had been presented to the top court. He also shared a breakdown of the arrests made after the violence that took place on May 9.
During the court proceedings, Justice Bandial spoke about the plea filed by Siddiqi related to the formation of a full court and said the bench will first hear arguments on this petition. 
Siddiqi said that his plea "doesn’t have anything to do" with the government's plea seeking the formation of a full court. The lawyer spoke about the three reasons behind the filing of the application.  
Siddiqi said, "The AGP has already said that no suspect would be sentenced to life imprisonment or death." He added, "The attorney general has also assured that military trials would not commence without the SC’s knowledge."
However, he said that the Pakistan government in recent days raked up questions on the legality of court verdicts and highlighted the importance of constituting a full court for a case as important as military trials of civilians. 
The CJP noted that some judges were not willing to be a part of the bench and asked how a full court could be constituted in such circumstances. Meanwhile, Justice Naqvi asked if other petitioners in the case had a viewpoint after which Pakistan's minister Aitzaz Ahsan expressed his views.
Ahsan said, "This is very startling for me that the formation of the bench is being challenged at this stage of the case." He further said, “We have gone to jail for the honour of the apex court," according to Dawn. 
The lawyer requested that the 102 people in military custody be handed over to judicial custody. After listening to the arguments, the court reserved its verdict on Siddiqi’s petition seeking the formation of a full court bench. (ANI)