Govt to 'challenge' SC bench hearing pleas against civilians' trials in military courts

• SC bench will resume hearing the case tomorrow.
• Irfan Qadir will appear on behalf of Khawaja Asif.
• Farogh Naseem will appear on behalf of PM Shehbaz.

ISLAMABAD: The government will challenge the constitutional and legal status of a seven-member bench of the Supreme Court tomorrow (Monday), hearing the pleas against the trial of civilians in military courts, The News reported.

According to the publication, Special Assistant to the Prime Minister (SAPM) on Accountability Irfan Qadir will appear on behalf of Defence Minister Khawaja Asif before the bench when it will resume the hearing.

The bench has issued notices to Prime Minister Shehbaz Sharif, Interior Minister Rana Sanaullah, and Defence Minister Asif in the case.

Senator Barrister Dr Farogh Naseem would appear on behalf of the prime minister, while Shah Khawar would represent the interior minister in the court.

Qadir is a top jurist and constitutional expert and had served as the country’s attorney general and judge of the superior court.

He raised the objection pertaining to the legal and constitutional status of the bench early last week in a talk show even before the first sitting of the nine-member bench with Chief Justice Umar Ata Bandial as its head.

The designated chief justice of the country, Qazi Faez Isa, and second senior judge of the Supreme Court Justice Sardar Tariq Masood objected to the setting up of the court and walked away.

After their recusal, a seven-member bench was formed headed by CJP himself and comprising Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi.

In a brief chat with The News on Saturday evening, Qadir fully endorsed the note pertaining to the constitution of the bench, terming it unconstitutional and illegal Justice Isa, since it was set up without consulting the three-member committee of the senior-most judges.

"The law in this regard has already been made part of the book," he said.

Qadir said that any position taken by the current bench would have no consequential effect since the whole exercise is flawed and unconstitutional.

Meanwhile, sources indicated that the counsel for Shehbaz and Sanaullah would also toe the position that would be taken by Qadir.

Qadir stepped down from his SAPM position early this year when he appeared on behalf of the Election Commission of Pakistan in the apex court in the case about the Punjab Assembly’s polls.

Later, he again assumed the assignment, but this time, sources said, he is appearing on behalf of the defence minister without quitting his responsibilities as the SAPM.

The legal fraternity has been supporting the legislation (Supreme Court Practices and Procedure Act 2023) curtailing the powers of the chief justice since it has fulfilled its old demand to eliminate one-man shows in the superior judiciary, sources said.