Justice Isa’s note on nine-member bench removed from SC website

Islamabad: The note submitted by Senior Judge Justice Qazi Faez Isa regarding the nine-member larger bench's hearing on petitions against the trial of civilians in military courts has been removed from the Supreme Court's website.

The note, which was uploaded on Friday, disappeared the same day it was made available.

Justice Isa, supported by Justice Tariq Masood, expressed his reservations about considering the nine-member bench a legitimate body.

He emphasized the need for a verdict on the Supreme Court Practice and Procedure Bill, 2023, before constituting new benches for other matters.

The larger bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, included Justice Isa, Justice Masood, Justice Ijaz ul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik, Justice Mazahir Ali Naqvi.

Justice Isa's comprehensive 30-page note highlighted that he has refrained from hearing any cases since the suspension of the Supreme Court (Practice and Procedure) Bill, 2023.

He underlined that proceeding with cases would compromise his constitutional and legal position.

However, he clarified that he has not recused himself from hearing pleas against the trial of civilians in military courts.

The note also shed light on a letter written to CJP Bandial on May 17, which referenced the Supreme Court Practice and Procedure Bill.

Justice Isa pointed out that the law was suspended before it could even be enacted.

He emphasized that any petition against the law would likely be dismissed.