Military courts case
The Military accounts case is a case being heard by the Supreme Court of Pakistan (SCP) which considers the question of whether the trial of civilians under Pakistani military courts is unconstitutional. The Court has clubbed 6 different constitutional petitions regarding the matter into a single case that is being heard by 6-member larger bench of the court.[1] The origin of the petitions lies in the initiation of military trial of 102 defendants of May 9 riots, whose cases were transferred to the military courts from civilian ones at the Army's behest.[2]
Military Courts case | |
---|---|
Court | Supreme Court of Pakistan |
Full case name | Aitzaz Ahsan v. Federation of Pakistan Jawwad S. Khawaja v. Federation of Pakistan Karamat Ali and others v. Federation of Pakistan Zaman Khan Vardag v. Federation of Pakistan Junaid Razzaq v. Federation of Pakistan Imran Ahmed Khan Niazi v. Federation of Pakistan [1] |
Court membership | |
Judges sitting | Justices |
Background
Military Courts were set up in Pakistan in the aftermath of the 2014 Peshawar school massacre to dispense speedy justice to terrorists. The move was enabled by the 21st Constitutional Amendment with a sunset clause of 2 years, however that clause hasn't yet been enforced.[3] The trials are conducted under the Judge Advocate General (JAG) branch of the Pakistan Army in which the judges and prosecutors are all serving military officers with no formal legal training.[4] Furthermore, the opaqueness of the military justice system have been criticized, including by the United Nations and International Commission of Jurists.[5][6] The proceedings are conducted within military establishments in secrecy and defendants only have the right to appeal the verdict of a military court to a military appellate tribunal, whose decision is turn is deemed final and cannot even be challenged in the higher civil courts of Pakistan.[7]
After Imran Khan's arrest on 9 May 2023 from within Islamabad High Court, protests spread across the country.[8] In some instances protestors targeted military installations, including the General Headquarters (GHQ) in Rawalpindi and Corp Commander house at Lahore.[9] Several thousand Pakistan Tehreek-e-Insaf leaders and workers were arrested in response, of which 102 defendants had their cases shifted from anti-terrorism courts to military courts.[10]
Bench Composition
Chief Justice Umar Ata Bandial initially formed a 9-member larger bench to hear the case.[11] However, upon the onset of proceedings on 23 June 2022, Justice Qazi Faez Isa "rose" from the bench and stated that he did not "consider the 9-member bench a bench" and left the hearing. He was of the view that the Chief Justice should first decide the matter of Supreme Court Practice and Procedure Bill, 2023 before constituting new benches. He was supported by fellow sitting judge, Tariq Masood, in exiting from the courtroom.[12][13]
On 26 June 2023, Justice Mansoor Ali Shah recused himself from the bench after the Federal Government, represented by Attorney General, Mansoor Awan, raised objection over him being related to one of the petitioners, former Chief Justice of Pakistan, Jawwad S. Khawaja.[14]
The bench currently consists of 6 judges; Chief Justice Umar Ata Bandial, Ijaz-ul-Ahsan, Munib Akhtar, Yahya Afridi, Mazahar Ali Akbar Naqvi, and Ayesha A. Malik.[1]
See also
References
- "Supplementary Cause List 324 of 2023" (PDF). Supreme Court of Pakistan. 26 June 2023. Retrieved 26 June 2023.
- Dawn.com (26 June 2023). "Lieutenant general among 3 sacked as part of army's self-accountability into May 9 incidents: DG ISPR". DAWN.COM. Retrieved 26 June 2023.
- Gul, Imtiaz. "Military Courts – Performance, Review and Challenges". Center for Research and Security Studies. Retrieved 26 June 2023.
- "Former CJ also challenges military courts". The Express Tribune. 21 June 2023. Retrieved 26 June 2023.
- "Committee against Torture examines initial report of Pakistan". OHCHR. Retrieved 26 June 2023.
- "Military Injustice in Pakistan" (PDF). International Commission of Jurists. January 2019. p. 3. Retrieved 26 June 2023.
- "Military Injustice in Pakistan" (PDF). International Commission of Jurists. January 2019. p. 11. Retrieved 26 June 2023.
- "Imran Khan: Mass protests across Pakistan after ex-PM arrest". BBC News. 9 May 2023. Retrieved 26 June 2023.
- Najjar, Hafsa Adil,Farah. "Imran Khan arrest updates: Protests after ex-Pakistan PM held". www.aljazeera.com. Retrieved 26 June 2023.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - "Pakistan says 102 in military court over ex-PM Khan arrest violence". France 24. 26 June 2023. Retrieved 26 June 2023.
- "CHIEF JUSTICE TO HEAD NINE-MEMBER LARGER BENCH: SC takes up pleas against military court trials today". Daily Times. 22 June 2023. Retrieved 26 June 2023.
- Iqbal, Nasir (23 June 2023). "SC seeks full record of May 9 arrests after Isa 'rises' from bench". DAWN.COM. Retrieved 25 June 2023.
- "Justice Faez Isa's note on civilians' military trials removed from SC website". 23 June 2023. Retrieved 25 June 2023.
- Ijaz, Raja Mohsin (26 June 2023). "SC bench hearing pleas against military courts dissolved again". ARY NEWS. Retrieved 26 June 2023.