ISLAMABAD: A six-member enlarged bench was dissolved on Monday after Justice Tariq Masood of the Supreme Court freed himself from hearing intra-court arguments against civilians’ trial in military court.
By a vote of 5-1, with Justice Musarrat Hilali dissenting, the higher bench of the supreme court conditionally postponed its ruling on military courts in December of last year.
Justices Aminuddin Khan, Muhammad Ali Mazhar, Syed Hassan Azhar Rizvi, Musarrat Hilali, and Irfan Saadat Khan were among the other members of the bench.
Khawaja Ahmad Hasan, the attorney for the petitioner, former chief judge Jawad S. Khawaja, objected to the bench during today’s intra-court appeal hearing before the same bench.
The attorney asked for the bench to be reconstituted and for the case to be sent to the judges’ committee that the Supreme Court (Practice and Procedure) Act 2023 required be in charge of fixing cases before SC benches.
Hamid Khan, a lawyer for the Lahore High Court Bar Association (LHCBA), was not allowed to submit arguments by Justice Masood.
Justice Masood instructed the lawyers, “Don’t give arguments if we don’t have to hear the case.”
He indicated that a request for his removal from the bench had been made.
After Justice Masood recused himself, the bench was dissolved, and the judges’ committee was asked to reconstitute the bench.
The Supreme Court announced that it will continue to postpone its judgment to throw out civilian trials in military tribunals and that intra-court appeals will be heard by the new bench.
Attorneys Salman Akram Raja, Aitzaz Hasan, and Latif Khosa also pleaded with the SC to reschedule the appeal hearing following the general election that is set for February 8.
The Supreme Court ruled on October 23 of last year that the trial of civilians in military courts was unconstitutional. The court further held that criminal courts established under the ordinary or special law of the land could try 103 individuals as well as others who may be placed regarding the events that occurred on May 9–10.
The events of May 9–10 are related to the violent protests that occurred across the nation after PTI founder Imran Khan was arrested in a corruption case last year. Alleged PTI supporters vandalized and attacked military and government facilities, forcing the authorities to try the rioters in military courts.
PTI and other parties petitioned the highest court to stop the military trials, arguing that they are opaque.
On December 13, 2023, the larger bench of the Supreme Court subsequently conditionally postponed its decision regarding the defense ministry and caretaker government’s appeal.
