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Supreme Court Drama: Military Courts and Mayhem – A Theatrical Tale


 In a surprising twist of legal theatrics, the Supreme Court of the land is preparing for a blockbuster sequel to its earlier verdict on the May 9 riots. A star-studded six-judge larger bench, led by the indomitable Justice Sardar Tariq Masood, is set to take the stage on December 15 to hear appeals against its own unanimous declaration that the trial of civilians in military courts is as unconstitutional as a cat trying to herd sheep.

The ensemble cast of this legal drama includes Justices Aminuddin Khan, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, and Irfan Saadat Khan, each playing their roles with the gravity of Shakespearean actors, only with more legal jargon and fewer soliloquies.

In the previous episode on October 23, a five-judge bench, featuring Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik, decided that 103 accused individuals should face the music under ordinary criminal laws. This prompted appeals from various caretaker governments faster than you can say "contempt of court."

The caretaker federal government and interim setups in Punjab, Balochistan, and Khyber-Pakhtunkhwa, feeling a bit left out, threw their appeals into the legal cauldron. Meanwhile, the Sindh government, like the calm character in every good drama, denied any involvement in the challenge.

Adding more spice to the plot, the defense ministry jumped into the fray with an appeal, desperately requesting the top court to hit the pause button on its October 23 verdict. A contempt of court petition against Defence Secretary Lt Gen (retd) Hamooduz Zaman Khan was also filed, alleging he ignored the court's orders like a student ignoring their homework.

The interim federal government's appeal read like a thrilling novel, describing the May 9 attacks as "targeted attacks" in an "organized and coordinated manner." It's almost like they were describing a military operation, not a riot. The plea argued that the Supreme Court's judgment was coram non judice, a fancy legal term meaning "you did this without the right paperwork."

In a surprising plot twist, the appeal contended that the Supreme Court (Practice and Procedure) Act had been declared ultra vires the Constitution and was now as relevant as last season's fashion. This legal fashion faux pas supposedly rendered the entire bench's constitution in violation of prescribed procedures, making the judgment a nullity in the eye of the law.

As the legal curtains rise on December 15, we eagerly await the next act in this gripping legal saga. Will Justice Sardar Tariq Masood deliver a monologue that leaves us in stitches, or will the defense secretary emerge as the unexpected hero? Stay tuned for the next episode of "As the Court Turns," where justice is served with a side of legal comedy.

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