ISLAMABAD: In separate notes released late Tuesday night, two Supreme Court justices who were part of the original nine-judge bench formed to hear petitions challenging military courts, express their complaints over the CJP-led bench with Justice Sardar Tariq Masood stating he had not recused from the larger bench, whereas Justice Syed Mansoor Ali Shah said he decided to sit on the new seven-judge bench with certain reservations.
In detailed notes released Tuesday night, originally written on June 22, SC Justices Sardar Tariq Masood and Syed Mansoor Ali Shah have agreed with Justice Qazi Faez Isa’s reasoning regarding refusal to sit in the larger nine-member bench constituted to hear the petitions on military court trials of civilians.
The bench was later trimmed down to seven members.
These remarks supplement a thorough note written by Senior Puisne Judge Justice Isa on June 22, in which he provided an explanation of his decision to decline membership in the larger nine-member bench established to hear petitions involving military court trials of civilians and the requirement that the Supreme Court Practise and Procedure Bill, 2023, be resolved before he could sit on SC benches.
This note was removed from the apex court website shortly after having been uploaded.
It should be noted that the chief justice had formed a nine-judge bench on June 21 to hear appeals against military trials of civilians. However, when proceedings began the next day, Justice Qazi Faez Isa called for first settling the dispute over the formation of benches, and Justice Masood endorsed his view.
The bench was then reduced to seven judges. Days later, it was further cut to six members after Justice Shah recused himself after the government’s objections.
The notes by Justices Masood and Shah are clear in their estimation that the Supreme Court (Practice and Procedure) Act 2023 has to be decided before such benches are formed.
Justice Masood said that he agreed with what Justice Isa had written in his note, revealing that he was also not consulted by Chief Justice Umar Ata Bandial before being made part of the nine-member bench.
He added that “surprisingly,” the petitions were fixed just a day after the petitioner of “Constitution Petition No 25 of 2023” and his counsel had met the chief justice.
