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Case involving military courts: SC takes requests for a larger bench

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Judge Aminuddin led a six-person panel that considered appeals against the annulment of civilian verdicts in military courts. The other members of the bench are Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musrrat Hilali, and Irfan Saadat Khan.

One of the applicants, former CJP Jawad S. Khawaja, said in his courtroom arguments that two Supreme Court judges, Justices Afridi and Mansoor Ali Shah, had written a memo advocating for the creation of a larger bench to hear the appeals.

Justice Aminuddin questioned how the bench hearing the case could be influenced by the justices’ notes. The observation made by Justice Muhammad Ali Mazhar on Justice Afridi was restricted to the ultimate decision.

In response to a question from Justice Musarrat Hilali, the attorney stated that if the current six-member bench returned a split decision of 3-3, the pleas would be denied.

Judge Muhammad Ali Mazhar stated that a larger bench demand can address the subject at this point.

The judges committee was tasked with reviewing the issue of military courts once the Supreme Court granted the petitions for a nine-member or larger bench.

During the prior session, the attorney general was questioned by the Supreme Court about the specifics of the defendant who had been given a three-year prison sentence by military tribunals.

Before Eid, the court ordered the release of twenty accused people who had been given one-year prison sentences. The Supreme Court received the accused’s information that was made public on Eid.

military operations
The administration chose to have an army-mandated trial in May for the detainees who are charged with targeting military installations on May 9.

Following the former prime minister’s arrest on May 9 from the grounds of the Islamabad High Court (IHC), violent confrontations occurred throughout Pakistan.

During a protest, PTI workers attacked Army installations, the Corps Commander’s home in Lahore, and General Headquarters (GHQ) in Rawalpindi.

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The government announced its decision to hold military court trials of those found guilty of damaging and attacking military instalments after the arrests made in connection with the violent riots that broke out across the nation on May 9. The army and the government viewed this as a low blow.

PTI founder Imran Khan, former chief justice Jawwad S. Khawaja, legal expert Aitzaz Ahsan, and five representatives of civil society, including Karamat Ali, executive director of Piler, sought that the top court declare the military trials “unconstitutional” in light of this ruling.

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