A nine-member bigger bench of the Supreme Court (SC) considering appeals against civilian trials in military courts has been dissolved after two apex court justices recused themselves from serving on the bench.
The bench was dissolved after two of its members, including the next Chief Justice of Pakistan, Justice Qazi Faez Isa, and Justice Sardar Tariq Masood, were excused from hearing appeals against military courts.
On Wednesday, Chief Justice of Pakistan (CJP) Umar Ata Bandial convened a larger bench of nine judges to hear petitions submitted separately by the Chairman of the Pakistan Tehreek-e-Insaf (PTI), former Chief Justice Jawwad S Khawaja, legal expert Aitzaz Ahsan, and others.
In addition to the CJP, the bigger bench includes Senior Puisne Judge Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, and Justice Mazahir Ali Naqvi.
Justice Qazi Faez stated at the start of the hearing that he was shocked to see his name on the cause list last night. The SC Practises and Procedure Bill was halted by an eight-member bench of the Supreme Court even before it became law, according to the senior-most judge after the CJP.
“I am not a member of the bench hearing the [case related to] Supreme Court Practise and Procedure Bill, so I will not comment on it,” the Supreme Court’s senior-most judge remarked.
The judgement issued by my bench on March 5 was scrapped by a circular issued by the SC registrar, according to Justice Qazi Faez Isa.
He questioned the significance of the Supreme Court’s ruling.
Justice Qazi Faez Isa stated that he cannot remain on the bench since he does not consider it to be a ‘bench’. I will not sit on any court until the Supreme Court Practises and Procedure Bill is decided, he stressed.
“I’m leaving this bench.”
Justice Tariq Masood, another member of the bench, has likewise recused himself from hearing the case. Following the removal of two justices from the bench, CJP Umar Ata Bandial reformed a seven-member bench to hear the petitions.
Now the hearing will resume at 1.30 pm.
