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Updated 27 Jun, 2023 06:15pm

Justice Yahya demands full court on pleas against civilians trial in military courts

Justice Yahya Afridi has urged the chief justice of Pakistan to form a full court bench for hearing petitions challenging the trial of civilians in military courts.

“It is, therefore, most earnestly urged that the Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a full court bench,” said Justice Yahya’s June 23 note which was released on Tuesday.

His note was released on the day when a diminished larger bench of the top court postponed the hearing of a host of petitions against possible military trials of civilians involved in the May 9 riots till the third week of July.

While addressing the attorney general for Pakistan and the petitioners, CJP Umar Ata Bandial said that he would tell in the first week after Eid when the next hearing of the petitions would be held.

He addressed the petitioners and said that the government should take care of those who are arrested.

In a rare public appearance on military inquiry, ISPR DG Major General Ahmad Sharif Chaudhry said that the trial of “102 miscreants” was under way in military courts.

Justice Yahya, who is part of the six-member bench, highlighted the political murmurings against the compositions of the bench could be “palatable” at a time when the incumbent government was completing its term and the country was gearing up for elections.

But the apex court judge wrote about the objections from within the members of bench to the constitution of the bench. He highlighted the concerns shared by the senior puisne judge.

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

Justice Yahya clarified that he was not endorsing or agreeing with the reasons recorded by the senior puisne judge in his note. Though he did not share the name, he was apparently talking about Justice Qazi Faez Isa’s note.

He was of the view that if one may not agree with the points raised by the senior judge, “propriety demands taking appropriate measures for maintenance of harmony within the court, the integrity of the institution, and ’public trust in the court.”

The judge was of the view that a full court should be constituted to hear the present petitions.

“Without taking such a measure, I submit with utmost respect, any judgment rendered in these petitions by the present bench may lead to the diminishing of the deference the decision requires and deserves,” said the note.

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