ISLAMABAD: The Supreme Court may take up important constitutional matters in the coming weeks, such as trial of civilians by military courts and the holding of general elections.

The intention to fix the cases was revealed when Chief Justice of Pakistan (CJP) Qazi Faez Isa made some hints during the hearing of a different case in which a counsel sought 15 days’ time.

The CJP observed the court intends to hear important cases, like the trial of civilians by military courts and election matters, in the coming weeks. Therefore, it was difficult to postpone the present case for a fortnight, though it could be taken up again after two months.

The last time a six-judge SC bench had taken up challenges to the trial of civilians in military courts was on Aug 3.

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During a hearing on May 27, the federal government assured the court that, up to that date, no formal trial had commenced against 102 individuals held by military authorities in connection with the May 9 incidents of violence and arson.

Then Attorney General for Pakistan (AGP) Mansoor Usman Awan had told the court that all the accused were still under investigations, and no trial ultimately would be conducted in a summary manner.

Recently an application was filed before the SC to fix the military court case as early as possible, preferably in the third week of October.

The applicant, Junaid Razzaq, pleaded that he had been informed that the trial of civilians by the military courts had commenced in sheer violation of the SC’s directions.

The applicant pleaded that an early hearing would be in the interest of justice. Otherwise, if the trial of his son, Azam Junaid, commenced and conclud hastily, the petitioner would suffer an irreparable loss.

He also pleaded with the court to declare that the referral of his son’s trial to the military authorities was unlawful, unconstitutional and void.

The court should also declare Section 2(1)(d)(ii) and 59(4) of the Pakistan Army Act 1952 as ultra vires of the Constitution.

The court is also seized with a petition moved by PTI, seeking a direction for President Dr Arif Alvi to announce a date for holding elections within 90 days of dissolution of the National Assembly.

Published in Dawn, October 20th, 2023