World News | Pakistan Chief Justice Bandial Forms 9-member Bench over Military Court Trials of Civilians in May 9 Violence Case

Islamabad, Jun 21 (PTI) Pakistan's Chief Justice Umar Ata Bandial on Wednesday formed a nine-member bench to hear petitions against the trial of civilians before military courts under the Army Act for the May 9 violence, which erupted after former premier Imran Khan's arrest in a corruption case.

The bench, led by Bandial, is scheduled to start hearing from Thursday. It includes Justice Qazi Faez Isa, Justice Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahar Naqvi and Justice Ayesha Malik.

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Former Chief Justice Jawwad S Khawaja was among the petitioners, who on Tuesday challenged the coalition government's decision to hold trials of May 9 rioters in military courts.

Khawaja questioned if the Supreme Court can endorse the “militarisation of justice” and alleged that the powerful military is behaving like a "state within a state".

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"This case is also about power flowing from the barrel of a gun. It is about the power of the army. The army controls businesses and land. Historically, it has exercised power and influence over our political dispensation," he said.

"Its power and reach extend far beyond its constitutional role. If not a state within a state, it is regarded as an entity distinct from the government and referred to as the ‘establishment'," Khawaja said.

“The question for our civilian institutions, including this court, is whether the militarisation of justice will be endorsed,” read a 39-page constitution petition filed by the former chief justice.

Khawaja asked if Pakistanis as a nation want to march backwards in time "with banners flying and drums beating to old tunes".

“Or do we see a better tomorrow with public officeholders and institutions operating within constitutionally assigned domains? It is a fundamental question that continues to plague us as a nation. The answer will shape the future," he added.

Asserting that trials of civilians in military courts do not meet international fair trial standards, the former top judge said, “The decision to try civilians by military courts when the civilian courts are functioning is incompatible with the Constitution and a violation of fundamental rights guaranteed therein.”

Khawaja maintained in his petition that trials in military courts lack transparency as the hearings are held in private and behind closed doors.

Apart from Khawaja, former prime minister Khan and veteran politician Aitzaz Ahsan have also challenged the decision of trial in the military courts.

A fourth plea was filed by the Pakistan Institute of Labour Education and Research Chief Executive Karamat Ali and others representing civil society.

The government announced the decision to hold the trial of those involved in attacks on army installations in a military court after widespread violence erupted in Pakistan following Khan's arrest by paramilitary personnel inside the Islamabad High Court on May 9. He was later released on bail.

Local and international rights bodies responded with alarm, but the government defended it as part of prevalent laws.

Over 20 military installations and state buildings, including military headquarters in Rawalpindi, were damaged or torched in the violent protests that followed Khan's arrest.

According to PTI, law enforcement agencies arrested over 10,000 party workers across Pakistan, mostly from Punjab.

Khan, the cricketer-turned-politician, was ousted from power after losing a no-confidence vote in his leadership, which he alleged was part of a US-led conspiracy targeting him for his independent foreign policy on Russia, China and Afghanistan.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)