A six-member larger bench of the Supreme Court will hear next week appeals filed against a decision of the top court which had declared trials of civilians in military court as illegal.
While announcing a roster for the next week, the top court fixed for hearing appeals against the previous five-member bench's verdict for December 13.
The appeals will be heard by a larger, six-member bench, which Justice Sardar Tariq Masood will lead. Other members of the bench will comprise Justice Aminud Din Khan, Justice Syed Hasan Azhar Rizvi, Justice Muhammad Ali Mazhar, Justice Mussarat Hilali, and Justice Irfan Saadat Khan.
On November 17, the caretaker government and Ministry of Defence challenged a decision by a five-member bench which had declared illegal the trial of civilians in a military court.
The federal government, in its appeal, had contended that the five-member bench formed to hear the case was not in accordance with the Supreme Court Practice and Procedure law; hence, the formation of a five-member bench to hear and adjudicate on the case was illegal and hence, its verdict is null and void.
It was further urged that the court restrain the trial of civilians before a special court until the larger bench decides the matter.
A five-member bench of the Supreme Court, led by Justice Ijazul Ahsan and comprising Justice Ayesha Malik, Justice Mazahar Ali Akbar Naqvi, Justice Munib Akhtar, and Justice Yahya Afridi had issued a six-page short order wherein it declared sub-sections 1 and 2 of Section D-2 as illegal.
It further voided Section 59 (4) of the law.
In the 4-1 majority decision, the court ruled that the trial of 103 civilians in military custody would not occur in military courts. Instead, the trial of all suspects involved in the May 9 and 10 incidents would be held in the relevant criminal courts, and the civilians in military courts will not enjoy any legal standing.
Justice Afridi had disagreed with the majority.