Justice Afridi urges CJP Bandial to form full bench to hear pleas against military courts

• "[...] political murmurings against the composition of present Bench could be palatable."
• Matter of present composition of bench warrants urgent attention: Justice Afridi.
• SC judge demands "taking appropriate measures for maintenance of harmony".

ISLAMABAD: Justice Yahya Afridi, who is part of a six-member larger Supreme Court bench hearing petitions against trials of civilians in military courts, has urged Chief Justice of Pakistan (CJP) Umar Ata Bandial to constitute a full bench on the matter.

He also said that this is an additional note which was issued on Tuesday along with the apex court’s order on the military courts' petitions proceedings of the second day.

“The entire edifice of a credible justice system is based on public trust. In the current politically charged scenario, where the term of the present government is drawing close to its end and the nation is gearing up for fresh elections, the political murmurings against the composition of the present bench could be palatable,” the top court judge said in the note.

Referring to the objections raised by Senior Puisne Judge Justice Qazi Faez Isa over the legality of bench composition, Justice Afirdi said he was neither “endorsing nor agreeing with the reasons recorded by the senior puisne judge in his written note”.

“Thus, the matter of the present composition of the bench warrants urgent attention and reconsideration by the chief justice of Pakistan, lest it may dampen public trust in the justice system,” he added.

The apex court judge further said at this stage of the present proceedings, he did not find it appropriate to comment on the legality thereof.

The judge said even if one may not agree with the law points raised by Justice Isa regarding the bench constitution, “propriety demands taking appropriate measures for maintenance of harmony within the court, the integrity of the institution, and public trust in the Court”.

“As a first step, the appropriate measure, in my earnest view, would be that a Full Court Bench of this Court should be constituted to hear the present petitions,” he demanded.

Without taking such a measure, Justice Afirdi said any judgment rendered in these petitions by the present bench may lead to the “diminishing of the deference the decision requires and deserves”.

“It is, therefore, most earnestly urged that the Hon'ble Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a Full Court Bench.”