ISLAMABAD, Dec 9 (APP):The Constitutional Bench of the Supreme
Court of Pakistan has rejected petitions to susp
end hearing of appeals against trials of civilian under Army Act until the court decides the fate of the petitions again
st 26th Constitutional Amendment.
The seven-member Constitutional Bench of the Supreme
Court, headed by Justice Amin-ud-Din Khan was hearing a petition, filed by the former Chief Justice of Pakistan Justice Jawad S Khwaja, not to hear the petition regarding trial of civilian under military act until the court concludes hearing of the pleas again
st 26th Constitutional Amendment.
Responding to a question, counsel for Justice Jawad S Khwaja argued before the
Court that the Constitutional Bench, hearing the said petition, is constituted under the 26 Constitutional Amendment tha
t is already challenged in the
Court. What will be the fate of its judgment if the SCP undo 26 Amendment? The Counsel said he can’t accept the jurisdiction of the Constitutional Bench until the SCP decides the petition against 26 Amendment.
The
Court was annoyed with the statement and advised the lawyer to leave the court if he doesn’t accept it. The
Court imposed a fine of Rs20000 on the petitioner terming his petition an attempt to delay the proceedings.
Justice Muhammad Ali Mazhar remarked that even if the
Court undo the 26 Amendment, judgments of the Constitutional Bench will remain protected.
Justice Jamal Mandokhail observed that the Constitutional Bench is working under the 26 Amendment and the petition against the said Amendment will be heard by the same Bench.
Ms Justice Musarrat Hilali regretted attempts to delay the hearing saying that civilian who are in military confinement would not like to postpone the proceedings.
