Islamabad (Web Desk): The Constitutional Bench of the Supreme Court (SC) on Monday rejected petitions seeking to suspend hearings related to the trials of civilians under the Army Act until the court decides on the petitions challenging the 26th Constitutional Amendment.
The seven-member bench, headed by Justice Amin-ud-Din Khan, was hearing a petition filed by former Chief Justice of Pakistan (CJP), Jawad S. Khwaja.
In his petition, Khwaja argued that the court should not proceed with hearing the appeals regarding the trials of civilians under the military law until the fate of the petitions against the 26th Constitutional Amendment was decided.
The counsel representing the former CJP argued that the constitutional bench currently hearing the petition was formed under the very 26th Amendment that is being challenged before the Court.
He raised concerns about the possible implications on the legitimacy of the bench’s decision if the 26th Amendment were to be struck down, suggesting that the court should wait for a decision on the Amendment before continuing with the civilian trials under the Army Act.
The court responded sharply to the argument presented by the counsel, with Justice Amin-ud-Din Khan making it clear that if the lawyer did not accept the jurisdiction of the Bench, he should leave the courtroom.
In addition to this, the Court imposed a fine of Rs20,000 on the petitioner, deeming the petition an attempt to delay the proceedings. This fine was seen as a strong measure taken by the court to maintain the pace of the legal process and prevent any further stalling tactics.
Justice Muhammad Ali Mazhar addressed the concern raised by the counsel, pointing out that even if the 26th Constitutional Amendment were to be overturned by the court, the decisions of the Constitutional Bench would still remain protected.
This comment indicated that the legitimacy of the Bench’s judgments would not be undermined by the potential annulment of the 26th Amendment.
Justice Jamal Mandokhail, in his remarks, added that the very bench hearing the case against the 26th Amendment would also hear the petition challenging the legality of the Amendment itself.
This suggested that the issue was being addressed comprehensively by the same judicial body.
Furthermore, Justice Musarrat Hilali expressed regret over the attempts to delay the hearing, stressing that those civilians currently detained under military confinement would not like further delays in the proceedings.
She highlighted the urgency of addressing the legal challenges without unnecessary postponements, given the situation of those affected.
The bench demonstrated its commitment to ensuring that the legal process moved forward without unnecessary interruptions, regardless of the challenges posed by the petitions against the 26th Constitutional Amendment.
