Pakistan: New SC bench formed to hear pleas against military trial of civilians after senior judges' concerns

A new seven-member bench of Pakistan's Supreme Court has been formed to hear petitions against the trial of civilians in military courts on Thursday (June 22). This comes as a previous nine-member bench was dissolved following the concerns of two senior judges- Justice Qazi Faez Isa and Justice Sardar Tariq Masood. According to a report by Geo News, Justice Isa and Justice Masoor are not a part of the new bench. The bench was set to meet at 2 pm.

Earlier in the day, Justice Isa said that he did not consider the nine-member bench a bench with Justice Masood supporting him. Isa said the Supreme Court should first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, and then constitute new benches. "I will not accept this court until a decision is issued on the Supreme Court Practice and Procedure Act. All decisions are unconstitutional until the verdict on this act is issued," he added.

Isa also said he was not recusing from the bench.

His remarks came during the hearing of petitions separately filed by former Pakistan prime minister Imran Khan, former chief justice Jawwad S Khawaja and others against the trial of military courts.

The Supreme Court Practice and Procedure Act, 2023

On April 13 this year, an SC bench said that Supreme Court Practice and Procedure Act, 2023 got the assent of the president, and the law would not be acted upon in any manner till further order. The ruling was issued on three petitions challenging the bill, under Article 184(3) of the Constitution, the report added.

The law aimed at curbing the Chief Justice of Pakistan's (CJP) suo moto powers in an individual capacity.

On Thursday, Justice Isa pointed out that he was surprised to see his name for Wednesday's hearing related to the bill.

Nine member-bench constituted in line with law: CJP

The previous nine-member bench that was to hear the petitions (against the trial of civilians in military courts) included CJP Umar Ata Bandial, Justice Isa, Justice Masood and Justice Ijazul Ahsan among others.

Reacting to Isa's concerns, CJP Bandial said the bench was constituted in line with the law.

What do the pleas say?

In his plea against the trial of civilians in military courts, former Pakistan PM and Pakistan Tehreek-e-Insaf (PTI) chairperson Imran Khan urged the Supreme Court to declare arrests, investigation, and trial of civilians in peacetime under the Army Act and the Official Secrets Act against the Constitution.

Former CJP Khawaja, meanwhile, filed his plea under Article 184(3), challenging the trials of civilians through military courts. “The petitioner has no personal interest in this case and the relief sought is for the benefit of all citizens regardless of political affiliation,” Khawaja said in his petition.

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