Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial has constituted a nine member bench to hear petitions against the military trials of the May 9 rioters. Apart from the chief justice, the bench comprises Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik. The development comes a day after former chief justice Jawwad S Khawaja challenged the coalition government’s decision to hold trials of May 9 rioters in military courts, asking if civilian institutions including the Supreme Court can endorse “militarisation of justice”. The larger bench headed by the chief justice will take up the petitions tomorrow (Thursday) at 11:45am. “The question for our civilian institutions including this court is whether the militarization of justice will be endorsed,” said a 39-page constitution petition filed through Khwaja Ahmad Hosain advocate. The former top judge asked if Pakistanis as a nation want to march backwards in time “with banners flying and drums beating to old tunes”. “Or do we see a better tomorrow with public officeholders and institutions operating within constitutionally assigned domains? It is a fundamental question that continues to plague us as a nation. The answer will shape the future,” he added. He said trials of civilians in military courts do not meet international fair trial standards: the right to a public hearing is not guaranteed, there is no right to a reasoned judgment, there are no details about where trials are conducted, and even the details of the charges are kept secret. The petitioner noted that all four types of court martial—general court martial, district court martial, summary court martial, and field general court martial—are not impartial or independent tribunals. “The ‘judges’ are all serving officers of the military. They do not have any legal training, security of tenure, or other prerequisites which underpin judicial independence. “All those involved in the proceedings of the court martial are part of and dependent on the executive branch from appointment until retirement,” he added. The petitioner said trials in military courts lack transparency. The hearings are held in private and behind closed doors. Section 93 of the Pakistan Army Act 1952 states, “persons subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatsoever.”
CJP forms nine-member bench to take up pleas against military courts
