A nine-member larger bench, headed by Chief Justice of Pakistan Umar Ata Bandial and hearing a set of petitions against the military court trials of civilians, has been dissolved after Justice Qazi Faez Isa and Justice Sardar Tariq recused themselves. The Supreme Court had earlier started hearing four petitions against the military court trials of individuals involved in targeting military installations during violent protests across the country following the arrest of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in November. Headed by CJP Bandial, the nine-member larger bench comprised Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik. At the outset of the proceedings, Justice Isa remarked that he will give a verdict according to the law and Constitution, adding that one of the laws is the Practice and Procedure Act. He further said that according to this law, a bench has to be formed in a meeting, adding he was astonished when he saw the cause list for today’s case on Wednesday evening. The senior judge remarked that the law was suspended at the stage of the bill, adding he will speak in military terms. “Let me read a sentence of the court order in the Practice and Procedure case,” Justice Isa said He added that on March 15, he was heading a bench on a suo motu notice. “I was surprised that a circular was issued for ignoring the order. This is the explanation of the Supreme Court,” Justice Isa commented. “Later, my decision was withdrawn from the court order,” he further remarked, asking his fellow judges what kind of bench that was. “I wrote a note on April 8, which was also removed from the website,” Justice Isa went on to say. “The chief justice asked me on May 16 if I will do chamber work. I’ll tell you today why I went on to do chamber work today.” Justice Isa then recused himself from the bench, saying until a decision on the Practice and Procedure Act, he did not consider this bench a bench. Justice Isa and Justice Sardar Tariq raised objections to the bench. To this, the CJP said they could figure something out. “I am not refusing to accept a decision, I am talking about a procedure,” Justice Isa responded. There are four applications before the court right now, the judge said, adding the first application was by “Imran Niazi”. Justice Tariq asked counsel Latif Khosa why he moved the apex court on Article 184(3), asking why they did not go to the high court under Article 199. The CJP observed that a decision on the Practice and Procedure Act has not been announced yet because the attorney general sought time. “Whatever we did was according to our oath,” CJP Bandial said. The case will now be heard by a seven-member bench at 1:30pm.
SC bench hearing pleas against trials of civilians in military courts dissolved
