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ISLAMABAD: A nine-member larger bench of the Supreme Court of Pakistan hearing petition against trials of civilians in military courts has been dissolved after two judges recused themselves.
The bench was dissolved as two member including senior puisne judge Justice Qazi Faez Isa and Justice Sardar Tariq Masood excused themselves from being part of the bench hearing the petitions against formation of and trial of civilians in military courts.
Chief Justice of Pakistan (CJP) Umar Ata Bandial constituted a nine-member larger bench to hear petitions separately filed by the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, former chief justice Jawwad S Khawaja, senior lawyer Aitzaz Ahsan and others.
Besides the CJP, the bench comprised of Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi. The court also fixed hearing of the petitions.
At the outset of the hearing, Justice Qazi Faez said he was surprised to see his name included in the cause list last night. He remarked the Supreme Court (Practices and Procedure) Bill was suspended by an eight-member bench of the apex court even before being implemented.
The senior judge said he was not part of the bench hearing the case related to Supreme Court Practice and Procedure Bill and will make any remarks about it. He stressed that the court should first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, and then constitute new benches.
“I will not accept this court until a decision is issued on the Supreme Court Practice and Procedure Act. All decisions are unconstitutional until the verdict on this act is issued,” he said.
Justice Isa expressed displeasure and said the judgment passed by his bench on March 5 was scrapped through a circular released by the SC registrar He questioned on the worth of a decision made by the apex court.
The judge Isa refused to remain part of the bench and saying he does not consider it a ‘bench’. He said that he will not be part of any bench until the decision is reached on the SC judgment review bill. “I’m leaving this bench,” he exclaimed.
Justice Tariq Masood also recused himself from hearing the case. After the exclusion of two judges from the bench, CJP Bandial has reconstituted a 7-member bench to hear the petitions. The hearing was adjourned.
