The Supreme Court of Pakistan recently heard a request from the federal government to form a full court bench to address the issue of civilian trials in military courts. The six-judge larger bench, led by Chief Justice Umar Ata Bandial, rejected the government’s request, but it did not dismiss the petitions challenging the trials.
The government had argued that trying civilians accused of violence against the armed forces in military courts was a suitable response within the constitutional and statutory framework. They cited Article 245 of the Constitution, which charges the armed forces with defending Pakistan against external aggression or war threats, Arguing the use of military courts to create deterrence was justified.
However, the Supreme Court Bar Association President Abid Zuberi argued against civilian trials in military courts. He referred to a past judgment that emphasized the need for a constitutional amendment to try civilians under the Army Act. He also raised the issue of directly linking suspects to the crimes in question.
The Supreme Court has not yet decided on the petitions challenging civilian trials in military courts. However, the court’s recent proceedings indicate that it is carefully considering the various perspectives on this complex issue.
Here are some additional details that you may want to include in your rewritten text:
- The petitions challenging civilian trials in military courts were filed by former Chief Justice Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan.
- The government’s request for a full court bench was based on the argument that the issue of civilian trials in military courts is a matter of great public importance and that it should be decided by a larger bench of the Supreme Court.
- The Supreme Court’s decision to reject the government’s request does not mean that it has dismissed the petitions challenging the trials. The court has simply indicated that it will not decide the issue at this time.
- The Supreme Court is expected to continue hearing the petitions challenging civilian trials in military courts in the coming weeks.
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