I think the CJP should not conclude these proceedings expeditiously,” he added. “When issue will land in the SC again, he will no longer be the chief justice. But such an order cannot be implemented, if there is severe division with the institution.Ī lawyer who is a well-wisher of the CJP said the court should declare these petitions non-maintainable and ask the petitioners to approach the high courts. This observation shows that the CJP may issue coercive orders against the government functionaries. Only a united Supreme Court can deal with the prevailing situation but disputes among senior judges is a hurdle to such unity.ĬJP Bandial on Monday made it clear that the court has so far shown restraint despite failure of the government to implement its order but now it is time to take a step backwards. It is an open secret that there has been mistrust between “powerful circles” and one section of the apex court since the latter invoked its suo motu jurisdiction to hold the general elections in two provinces. Both things are essential for the validity of the military courts’ decisions at local as well as international forums.Ī senior government official, however, believes that the apex court may expand the scope of the superior courts’ review on military courts decisions. The statement of Attorney General for Pakistan (AGP) Mansoor Awan with regard to steps taken by the civilian government to ensure fair trial and due process in the military courts will be crucial. The counsel for one of the petitioners believes that without examining vires of relevant provisions, guidelines will be dangerous as these will make the decisions of the military courts respectable. The judges’ remarks show that they are not satisfied with the process of handing over suspects to the military authorities without passing speaking orders by anti-terrorism court (ATC) judges. However, the present bench may not take coercive steps as the judges on the bench are focusing on giving guidelines to ensure that the civilians involved in attacking military installations get a fair trial. The petitioners’ attorneys may urge the Supreme Court to take notice of the ISPR news conference on a sub judice matter. It is to be seen whether the bench suspends the trial of suspects until its final decision, if it does not conclude its proceeding today. Some experts believe it will be interesting to see who in the bench responds to the news conference. The Inter-Services Public Relations (ISPR) director general conveyed a message that stern actions would be taken if the trials are halted. However, the military establishment has expressed the resolve to take stern action not only against the culprits but also their aiders and abettors. The petitioners, who mostly belong to Lahore, are hoping that the bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial will give relief to the suspects, mostly PTI workers and supporters, who allegedly vandalised army installation after the arrest of the PTI chief on May 9. Matters have complicated for an apex court bench hearing a slew of petitions filed against court martial of May 9 rioters after a news conference held by the military’s spokesperson and the decision of one of the bench members –- Justice Mansoor Ali Shah - to recuse himself from the case. A general view of the Supreme Court of Pakistan in Islamabad, Pakistan April 4, 2022.
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