Justice Qazi Faez Isa also included in the larger bench headed by chief justice; hearing on Thursday
ISLAMABAD
Chief Justice of Pakistan (CJP) Umar Ata Bandial has formed a nine-member larger bench led by himself to take up petitions on Thursday against trial of civilians before military courts under Army Act.
Apart from the chief justice, the bench comprises Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik.
The development comes a day after former chief justice Jawwad S Khawaja challenged the coalition government’s decision to hold trials of May 9 rioters in military courts, asking if civilian institutions including the Supreme Court can endorse “militarisation of justice”.
“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. 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’.
“The question for our civilian institutions including this court is whether the militarization of justice will be endorsed,” said a 39-page constitution petition filed through Khwaja Ahmad Hosain advocate.
The former top judge asked if Pakistanis as a nation want to march backwards in time “with banners flying and drums beating to old tunes”.
