In the Supreme Court session on Monday, the Khyber Pakhtunkhwa (KP) government requested the withdrawal of an appeal filed by the former provincial caretaker government against the military trial verdict. The request was based on a resolution passed by the current provincial cabinet led by KP Chief Minister Ali Amin Gandapur. However, the Supreme Court rejected the request, stating that appeals cannot be withdrawn based solely on cabinet resolutions and directed the counsel to file a formal application.
Last year, the KP caretaker government, along with federal and provincial governments, filed appeals against the Supreme Court's verdict nullifying military trials for civilians involved in the May 9 riots. The court ruled that these individuals could be tried in criminal courts instead. The appeal against military trials was initiated by Pakistan Tehreek-e-Insaf (PTI) and others, citing concerns about transparency.
During the hearing, objections were raised regarding the bench overseeing the matter. Lawyers representing petitioners argued for the formation of a larger bench, questioning the validity of a decision made by a smaller bench. They emphasized the importance of public trust in the judiciary and requested a nine-member bench to ensure impartiality.
Additionally, concerns were raised about the families of the accused wanting to observe the proceedings. However, logistical challenges regarding seating arrangements in the courtroom were highlighted.
Furthermore, objections were raised regarding the hiring of private lawyers by government institutions for the case. Lawyers argued that the Attorney General for Pakistan had already filed appeals, making the hiring of private lawyers unnecessary and a misuse of public funds.
The court ordered the Attorney General to provide details about the cases of civilians in custody and questioned whether any accused had been released or could be released. The Attorney General clarified that while some trials had been completed, verdicts had not yet been announced due to injunctions from the Supreme Court.
The session concluded with the court adjourning further hearings until March 28 (Thursday).
