Civilians’ trial in military courts, order of initial hearing issued

Islamabad: Supreme Court of Pakistan Wednesday issued an order for the preliminary hearing on June 22 regarding the hearing of petitions against civilian trials in military courts.

According to details, the order issued by Chief Justice of Pakistan (CJP) Umar Atta Bandial mentions the reconstitution of the bench.

The note of senior Judge Justice Qazi Faez Isa was removed from the Supreme Court website, is also part of the order.

The order of Chief Justice Bandial has the signatures of nine judges. The order said that two judges refused to hear the case at the beginning of the hearing.

Justice Qazi Faiz Isa and Justice Tariq Masood stated their position in the open court. The Chief Justice will constitute a new bench to hear the case.

Justice Sardar Tariq Masood's note

Justice Sardar Tariq Masood said: “It was surprising that one of the petitioners met the Chief Justice and the case was fixed the next day,” questioning if the petitioners will be allowed to meet the Chief Justice to fix other cases.

Justice Tariq wrote in his note that the case was fixed for hearing without asking me about my availability. Supreme Court was awaiting the decision on the petitions against the Practice and Procedure Act and it was expected that the decision would come soon as the court had stayed the implementation of the law through an interim order. Under Section III of this Act, public interest cases will go to a three-member committee of which he is also a member.

Justice Mansoor Ali Shah's note

Justice Mansoor Ali Shah stated in his note that in case of objection, the reputation of the institution is also a matter of the judge. The impartiality of the administration of justice should be genuine and not artificial.

Justice Mansoor further said: “Apparent and real impartial justice is essential for public trust and rule of law”.

He added that judicial impartiality maintains public confidence, transparent trial, rule of law and the survival of democracy. Impartiality in the judicial system should not be moral but practical.

True impartiality in the judicial system protects democratic traditions and fundamental rights of citizens. If there is a reasonable reason to object to a judge, he should be removed from the bench to maintain public confidence, wrote Justice Shah.

He admitted that Justice Jawad S. Khawaja is dear to him. It is difficult for a common citizen to decide whether the petitioner filed the petition in public interest or in personal interest. He continued to say that he was recusing himself from the bench in preference to the objection.

Justice Qazi Faez's note

Justice Faez Isa said that he sent a five-page reply to the Chief Justice on May 17, pointing out that a committee consisting of CJP and two senior judges would constitute the bench to hear the cases, this law was not followed because the Supreme Court suspended the law before it was born.

“The honorable Chief Justice has put me in a dilemma which can only be resolved when the petitions against this law are decided or the injunction is withdrawn,” stated Faez.