The federal government’s concerns led to Justice Mansoor Ali Shah withdrawing from the case, resulting in the dispersion of the seven-member bench hearing appeals against civilian trials in military tribunals on Monday.
SC bench military courts dissolved again: Justices Qazi Faez Isa and Sardar Tariq Masood lodged complaints, leading to the disbandment of a nine-member panel on June 22. As a result, a seven-member bench was formed.
Attorney General of Pakistan (AGP) Mansoor Awan objected to Justice Mansoor Ali Shah’s attendance on behalf of the federal government at the beginning of the hearing.
Justice Shah’s family is one of the applicants in the lawsuits against the military courts, which could have an impact on Justice Shah’s behaviour, according to AGP.
CJP Justice Umar Ata Bandial said, “You cannot assemble the bench according to your choice and will.” Avoid disparaging the judiciary, CJP advised.
Numerous complaints about the SC hearing crucial matters related to the Punjab election date case have been raised, according to the CJP. The CJP further added that the honorable judge should make the decision regarding his or her appearance on the bench.
Justice Mansoor Ali Shah took a break from the case hearing in the meanwhile. “After objections, I cannot remain a member of the bench.”
Bench disagreement
Justice Qazi Faez declared at the beginning of the hearing that he discovered his name on the cause list last night, and he expressed his shock. The judge with the greatest experience after the CJP revealed that the eight-member bench of the supreme court halted the SC Practises and Procedure Bill even before allowing it to become legislation.
The senior-most SC judge remarked, “I am not on the bench hearing the [matter related to] Supreme Court Practise and Procedure Bill hence I would not make any comment about it.
Justice Qazi Faez Isa stated that the SC registrar issued a circular “scrapping” the judgment rendered by my bench on March 5.
He questioned whether this was the significance of the high court’s ruling.
Because he does not view the bench as a “bench,” Justice Qazi Faez Isa stated that he is unable to continue serving on it. He declared, “I will not serve on any bench until the Supreme Court Practises and Procedure Bill is decided.”
I’m getting off of this bench.
The cries
Former Chief Justice of Pakistan Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman submitted the petitions opposing the military courts.
Former Chief Justice of Pakistan (CJP) Jawwad S. contested the trial of civilians in military courts before the Supreme Court (SC). Khawaja, who asked the court to deem the action “unconstitutional.”
The petition mentioned the Federation of Pakistan as a respondent, along with the chief secretaries of Punjab, Khyber Pakhtunkhwa, Sindh, and Balochistan, as well
CJP Jawwad Khawaja argued in his argument that trying civilians in military courts in the presence of other civilian courts is unlawful. The argument made in the plea was that court-martial proceedings were only suitable and legal in cases involving army officials.
The argument urged the declaration of “any proceedings against civilians on the basis of the impugned sections” as unlawful. It requested that the court order the handover of such civilians to the relevant civilian authorities for proper proceedings before regular criminal tribunals.
After the Supreme Court rejected Chaudhry Aitzaz Ahsan’s petition challenging civilian trials in military courts, the petitioner filed the petition.