ISLAMABAD: The Supreme Court of Pakistan (SCP) has issued a short order of the June 22 first hearing on the petitions against the trial of civilians in military courts, while separate notes of Justice Tariq Masood and Justice Mansoor Ali Shah have also come to the fore.
The order of Chief Justice of Pakistan Umar Ata Bandial carries signatures of nine judges. It says two judges recused themselves from the bench at the beginning of the hearing.
Justice Qazi Faez Isa and Justice Tariq Masood stated their position openly in the court, it further said.
It added that the chief justice will constitute a new bench to hear the case.
Justice Qazi Faez Isa, Justice Tariq Masood and Justice Mansoor Ali Shah added separate notes with the order.
In his note, Justice Masood says it was surprising that one of the petitioners met the chief justice of Pakistan and the case was fixed the next day.
“Will the petitioners in other cases also be allowed to meet the chief justice to get their cases fixed?”
Justice Masood wrote in his note that the case was fixed for hearing without inquiring about his availability, adding the CJP did not take him into confidence before forming the bench.
No consultation was held before fixing the case, Justice Masood said, adding he agreed to Justice Faez Isa’s position.
The Supreme Court was waiting for a decision on the petitions against the Practice and Procedure Act and it was expected that a decision would come soon because the court had halted implementation on the law through an interim order.
“Under Section 3 of the law, cases of public interest will go to a three-member committee, of which I am also a member,” the judge noted.
The three-member committee had to decide whether the case will be fixed for hearing or not.
After the interim order against the law was issued, the judge said he was reluctant to be a part of the bench till a final decision on the law, the note said.
However, 30 to 35 criminal cases of ordinary citizens were fixed before his bench daily, the judge further said, adding those people were awaiting verdicts on their cases in jails.
“I continued hearing the usual cases,” the note stated.
The CJP was requested to quickly decide on the applications against the new law, the judge wrote in the note, adding the four people who filed petitions against the military trials were not being tried nor were in custody.
“Usually, a law is challenged in the high court under Article 199,” the note stated.
In the present case, the petitions have been filed in the Supreme Court under Article 184(3) of the Constitution, while the court’s powers under Article 184(3) were exercised only in cases of public interest, the note stated.
“It should not be assumed that those who are being tried in the military courts have objection to the trial,” the judge wrote. “Each person’s case should be heard on an individual basis taking into account the facts.”
The court should decide only after hearing the named suspects, the note said, adding that taking a decision without hearing the suspects may affect his right to be heard.
Justice Mansoor Ali Shah’s note is also part of the June 22 order.
In his note, the judge says cases under Article 184(3) should be heard by a full court until a decision on the Practice and Procedure Act case.
The full court was consistently avoided in the recent past, Justice Shah said, adding that in cases affecting public life, special benches consisting of certain judges were constituted.
The note further said the attitude of not forming a full court weakened the authority of the court.
The chief justice was requested to form a full court consisting of all available judges, Justice Shah’s note said, adding the CJP did not fulfill the request.
He further said he had no choice but to sit on the bench and perform his constitutional duty. Justice Shah’s note added that his oath demanded that he defend the Constitution, fundamental rights of the people and the right to a fair trial.
“I sat on the bench with some reservations which were brought on record at the outset,” the note stated.
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