Military courts case: SC dismisses govt’s plea to form full court

Military courts case: SC dismisses govt’s plea to form full court

Military courts case: SC dismisses govt’s plea to form full court

Supreme Court stops govt from military court trials

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ISLAMABAD: The Supreme Court of Pakistan on Tuesday dismissed the federal government’s petition to form the full court to hear the court pertaining to civilians’ trial at military courts, Bol News reported.

Chief Justice Umar Ata Bandial said it seemed impossible to form full bench in the case against military courts. He said three judges had already recused themselves from hearing the case and some were on leaves. They were hearing the military courts case during holidays, he said.

Adjourning the hearing till July 19, the chief justice said permission could not be granted to conduct such a trial that violated the constitution. He felt buoyant over hearing about good treatment of civilians.

Presenting his arguments, the attorney general had objected on the bench saying that even some judges had raised objection to formation of the bench. He said a member of the bench Justice Yahya Afridi had given his advice to constitute a full bench. It was a unique kind of case with the court, he said.

Justice Ayesha Malik wondered how the government could request for the full court as it had earlier raised objection on inclusion of a bench’s member Justice Mansor Ali Shah.

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The attorney general said the judges available could sit in the full court. Justice Ayesha Malik queried who would decide if the judges were available or not. The attorney general said the CJP would determine who was available.

Justice Munib Akhtar said it was written on the last order that partial hearing of the matter was completed, so how the bench could be changed after partial hearing. Justice Ayesha said the court had no reservation against the bench when the case begin.

During the hearing, the government protested to presence of a judge.

Umar Ata Bandial said the apex court respected every judge and took their advice seriously. They tried to act upon advice of the judges to every possible extent, he said adding that Justice Yahya Afridi also gave his suggestion on the bench and full court.

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