Justice Isa Justice Masood object to bench hearing pleas against military trials

Two of the Supreme Court's senior-most judges, Justice Qazi Faez Isa and Justice Sardar Tariq Masood on Thursday expressed serious reservations over the nine-member bench hearing petitions filed by former CJP Jawad S Khawaja and others against the trial of alleged May 9 rioters in military courts. However, both judges categorically stated that they were not recusing themselves from the proceedings, but refused to sit in the larger bench until the verdict on the Supreme Court (Practice and Procedure) Act 2023 was announced. Subsequently, Chief Justice Umar Ata Bandial, who was heading the proceedings trimmed the bench down to seven members, who are scheduled to preside over the hearing at 1:30 pm. Notably, the apex court has adjourned for an indefinite time the hearing of petitions filed against the Supreme Court (Practice and Procedure) Act, 2023—a piece of legislation that seeks to curtail the powers of the chief justice of Pakistan (CJP). The court had put off the hearing after Attorney General for Pakistan (AGP) Mansoor Awan had told the top judge that the government wanted to harmonize two pieces of legislation related to the apex court— the Supreme Court (Practice and Procedure) Act, 2023 and the Supreme Court (Review of Judgements and Orders) Act, 2023 but could not do that so far. Read Divide in judiciary: Have senior most SC judges switched roles? During the outset of the hearing today, Justice Isa shared his observations that "according to the SC Practice and Procedures law, the benches are supposed to be constituted through a meeting". He went on to express his "surprise" over how the "cause list stated that the law has been blocked after only having granted the status of a bill". "Untill and unless a verdict on the Practice and Procedures law is announced, I cannot be a part of this bench," he said. Justice Masood seconded Justice Isa's reservations questioning that "should the law be deemed 'correct', then what would happen to the appeals on this case?" "Until a verdict on the law does not come, I do not accept this bench as a court," Justice Isa said. Subsequently, the chief justice summoned AGP and petitioners' counsels into his chamber. Later, it was announced that a seven-member bench will continue hearing the case this afternoon.

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