The Supreme Court’s website removed senior Puisne judge Justice Qazi Faez Isa’s note on a larger bench hearing civilian cases in military courts on Friday — the day it was uploaded.
In his note supported by Justice Tariq Masood, the judge has said that he does not consider the nine-member bench as a bench. He urged that they should first issue a decision on the Supreme Court Practice and Procedure Bill 2023 and then constitute new benches.
The bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial included Justice Isa, Justice Masood, Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Ayesha Malik and Justice Mazahir Ali Naqvi. .
The senior judge’s note, which ran into 30 pages, said he did not hear any case after the suspension of the Supreme Court (Practice and Procedure) Bill, 2023.
“If I hear the cases now, I will be violating my constitutional and legal position,” Justice Isa said, adding that the chief justice “has never contradicted his position till date, but he Didn’t even bother to answer.’
Justice Isa’s note had been removed from the website once before, in which he termed the six-member bench as “illegal”. He adjourned the cases pending the framing of rules under Article 184 (3) while hearing the case regarding award of additional 20 marks to Hafiz Quran pre-medical candidates for admission to MBBS/BDS courses. was ordered to do.
However, the senior judge also said that he was not recusing himself from hearing petitions against the trial of civilians in military courts.
He said that I know that the Chief Justice has involved his colleagues in unnecessary controversy for no reason and in my opinion the Chief Justice should not do this, adding that a constitutional institution like the Supreme Court is not at the will of anyone. could walk single person
Justice Isa said that the Supreme Court (Practice and Procedure) Bill, 2023 applies to Chief Justice Bandial and two senior judges. He wrote in his note that “being the senior most judge, it is my duty to keep the right direction”.
The note also said that a letter was written to Chief Justice Bandial on May 17, which also referred to the Supreme Court Practice and Procedure Bill. He said that the letter indicated that the bench chief justice will form a committee consisting of two senior judges to hear the cases.
“The law was not implemented as it was suspended by the Supreme Court before it came into effect. I pointed out that any petition against the law would either be dismissed or rejected,” he noted.
Justice Isa said that the Chief Justice has left them in a state of uncertainty and this can only be resolved when the petitions against the law are decided or the injunction is withdrawn.
He said that the bench hearing the petitions related to the Supreme Court (Practice and Procedure) Bill is headed by the Chief Justice and he himself can answer when the judgment is delivered.
“Therefore, it would be best in the interest of the citizens to adjourn the hearing of this case and all other cases under Article 184(3) of the Constitution, until the aforesaid matters are dealt with by making the rules required under Article 191 of the Constitution,” the note added.
“Finally, let me make it clear that how my honorable colleagues decide the pending applications is their discretion. What I seek, and what the country no doubt expects, in this case I am compelled to write this. Note in reply to the above question of Hon’ble Chief Justice. As many of my colleagues have inquired as to why I am not sitting in the Court, I also share this with them. Will share the note,” he concluded.
The seven-member bench comprising Chief Justice Bandial, Justice Ahsan, Justice Shah, Justice Akhtar, Justice Afridi, Justice Malik and Justice Naqvi heard the petitions related to the trials of civilians in military courts.
