The Supreme Court has adjourned indefinitely the hearing of appeals challenging the nullification of trials of civilians in military courts.
A seven-member bench, headed by Justice Aminuddin, conducted the hearing, during which the court granted permission for Khawaja Haris to present arguments on behalf of the Ministry of Defence.
The attorney general for Pakistan informed the court that the families of the suspects held in military custody would be allowed to meet them today. Justice Aminuddin noted that the case appeared to stem from the events of May 9, 2023 and questioned what legal provisions could be challenged in this context.
Advocate Faisal Siddiqui, who participated in the hearing via video link, filed a miscellaneous request arguing that a private lawyer should not represent the government. Siddiqui urged the court to address his request before allowing Khawaja Haris to proceed with his arguments, stating that otherwise, his request would become ineffective.
However, Justice Muhammad Ali Mazhar pointed out that it was not unprecedented for a private lawyer to appear on behalf of the government.
Justice Irfan Saadat emphasized the humane treatment of the suspects, highlighting that "human beings cannot be treated inhumanely."
Justice Mazhar remarked that the AGP would say that the suspects' meetings with their families were arranged every week, asking why this practice was not continued. "Mr attorney general, your statement is part of the court record."
Justice Muhammad Ali Mazhar remarked that in an appeal, the court has to see the error in the original decision, He then asked the attorney general to show the court the error in the original judgement.
The bench allowed Khawaja Haris to argue on behalf of the Ministry of Defence. Justice Shahid Waheed inquired whether a case could be transferred before indictment, and Justice Muhammad Ali Mazhar questioned if a case could be transferred at any point before or after the indictment. Additionally, Justice Jamal Mandokhel directed Khawaja Haris to provide information about the jurisdiction of the case.
The Supreme Court has adjourned the hearing indefinitely, stating that the case will be scheduled for hearing again once the bench becomes available.
