SCP Rejects Request to Suspend Trial of Civilians in Military Courts
The Supreme Court of Pakistan rejected the petition to suspend civilian trials in military courts, emphasizing the importance of proceeding with the hearings despite challenges to the 26th Constitutional Amendment.
The Supreme Court of Pakistan's Constitutional Bench has rejected petitions seeking to suspend the trial of civilians under the Army Act until the court decides on petitions challenging the 26th Constitutional Amendment. The seven-member bench, led by Justice Amin-ud-Din Khan, was hearing a petition filed by former Chief Justice of Pakistan, Justice Jawad S. Khwaja, who sought to delay the civilian trials in military courts.
Key Highlights
- Dismissed Petition: The Court rejected the request to suspend the hearing of appeals concerning civilian trials in military courts.
- Challenge to 26th Amendment: Justice Khwaja’s counsel argued that the trial proceedings should be delayed until the court decides on the validity of the 26th Constitutional Amendment.
- Court’s Stance: The Constitutional Bench, dissatisfied with the delay tactic, imposed a fine of Rs 20,000 on the lawyer and affirmed that the current proceedings would continue.
- Judicial Integrity: Justice Mazhar clarified that even if the 26th Amendment were overturned, judgments made by the Constitutional Bench would remain protected.
- Civilians in Military Custody: Justice Hilali emphasized that postponing the hearings would not benefit civilians currently under military custody.
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