CJP should constitute full court to hear cases of civilians' trial in military courts: Justice Yahya Khan's dissenting note

ISLAMABAD (92 News) - Justice Yahya Khan Afridi, in his dissenting note, has demanded that Chief Justice of Pakistan should form a full court to hear the cases pertaining to the trial of civilians in military courts.

He said that the entire edifice of a credible justice system is based on public trust.

"In the current politically charged scenario, where the term of the present Government is drawing close to its end and the nation is gearing up for fresh elections, the political murmurings against the composition of the present bench could be palatable. But what is most serious and cannot be disregarded is that there are objections in writing from within the members of the bench, to the very constitution of the Bench hearing the present petitions," he observed.

He said: "As a first step, the appropriate measure, in my earnest view, would be that a Full Court Bench of this Court should be constituted to hear the present petitions. Without taking such a measure, I submit with utmost respect, any judgment rendered in these petitions by the present Bench may lead to the diminishing of the deference the decision requires and deserves. 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."