Civilians’ trial in military courts, SC larger bench dissolves

Islamabad: The larger nine-member bench of Supreme Court Thursday dissolved hearing the petitions filed against the trial of civilians in military courts, GNN reported.

According to details, the nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial comprising Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Ayesha Malik and Justice Mazahir Ali Akbar Naqvi was hearing the case.

When the hearing started, Justice Qazi Faiz Isa asked the Attorney General of Pakistan (AGP) Mansoor Usman Awan to come to the rostrum.

He said Article 175/2 of the Constitution gives the court the authority to hear. “I will speak in my national language, Urdu”, he Faez stated.

Justice Qazi said that he was surprised that yesterday at 8:00 pm his name appeared in the causal list. I will not speak on the Supreme Court Practice and Procedure Bill.

Faez Isa added that SC Practice and Procedure Bill had not yet been approved, that on April 13, the nine-member bench of the apex court issued a prohibition order and adjourned the hearing of the bill until July.

They say, the constitution gives Supreme Court the authority to hear, the judge's oath says that he will decide according to the constitution and the law, practice and procedure is a law, I am not part of the bench in the Supreme Court practice and procedure, I will not say anything, commented justice Qazi.

He further added that before this a suo motu notice was fixed for hearing in my bench, I had said in my decision that rules should be made in Article 184/3 of the Constitution, after that there was surprise, sadness and shock that on March 31 when Ishrat Ali issued a circular in which he said to ignore the Supreme Court's order of March 15.

Then the Supreme Court constituted a six-member bench, confirmed the circular and reversed my decision, said Isa.

Justice Faez further inquired that if there was a review in this six-member bench, why was no judge of the main case included.

He said: “I wrote a note on the six-member bench which was removed after uploading it on the Supreme Court website”.

Chief Justice asked on May 16 whether I want to do chamber work or not. Explaining why I preferred chamber work, a law was made regarding the constitution of benches, Justice Qazi added.

Not pointing fingers at anyone but I had the option to abide by the oath or sit on the bench following the court order, he added.

The nominated Chief Justice said: “To avoid gossip, I am convinced that the whole matter should be resolved in the open court, now the notes have also been removed from the website, so I am reading my answer here”.

I wrote to the justice and sent the note to all my colleagues in which I stated that my colleagues have put me in a strange dilemma by suspending the law. I have also submitted the reply to the notice in the inquiry commission, said Qazi.

Justice Isa also said that in the petition I received late at night, there was also the petition of chairman PTI. I do not consider this bench as a "bench". I am not excusing myself from hearing the case, however Supreme Court practice and procedure should be decided first.

After which the bench members left the court. Chief Justice of Pakistan (CJP) Umar Atta Bandial said that we will find some other solution for your case.

Advocate Aitzaz Ahsan stated that Qazi Faez should hear the case.

When Qazi Faez and Justice Sardar Tariq seperated themselves from the bench, CJP Bandial formed a seven-member bench to hear the case again on 1:30pm.