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  • Military courts case: Justice Yahya Afridi stresses formation of full bench

    Justice Yahya Afridi File Photo Justice Yahya Afridi

    Justice Yahya Afridi has urged the Chief Justice of Pakistan to form a full court bench for hearing petitions challenging the trial of civilians in military courts.

    “It is, therefore, most earnestly urged that the Chief Justice of Pakistan may consider the reconstitution of the present bench, and refer the present petitions to a full court bench,” said Justice Yahya’s June 23 note which was released on Tuesday.

    His note was released on the day when a diminished larger bench of the top court postponed the hearing of a host of petitions against possible military trials of civilians involved in the May 9 riots till the third week of July.

    While addressing the attorney general of Pakistan and the petitioners, CJP Umar Ata Bandial said that he would tell in the first week after Eid when the next hearing of the petitions would be held.

    He addressed the petitioners and said that the government should take care of those who are arrested.

    Justice Yahya, who is part of the six-member bench, highlighted the political murmurings against the compositions of the bench could be “palatable” at a time when the incumbent government was completing its term and the country was gearing up for elections.

    But the apex court judge wrote about the objections from within the members of bench to the constitution of the bench. He highlighted the concerns shared by the senior pusine judge.

    “Thus, the matter of the present composition of bench warrants urgent attention and reconsideration by the CJP, lest it may dampen public trust in the justice system,” it said.