During the hearing in the Supreme Court on the petitions against the trial of civilians in military courts, after the objections of Justice Qazi Faiz Isa and Justice Sardar Tariq Masood, the 9-member Larges Bench was broken and the Chief Justice also constituted a new 7-member bench.
A 9-member bench headed by Chief Justice Umar Atta Bandial started hearing the petitions against the trial of civilians in military courts.
Apart from them, Justice Sardar Tariq Masood, Justice Mansoor Ali Shah and Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Ayesha Malik and Justice Mazahir Ali Akbar Naqvi were also part of the bench.
Today, when the hearing started, Justice Qazi Faiz Isa said, “Attorney General come to the rostrum, I have something to say. Article 175/2 of the Constitution gives the court the power to hear. I will speak in my national language, Urdu. I was surprised.” That my name appeared in the causal list at 8 pm yesterday, I will not speak on the Supreme Court Practice and Procedure Bill.
Justice Qazi Faiz Isa said that the Supreme Court Practice and Procedure Bill had not yet been made, that on April 13, the 9-member bench of the Supreme Court issued a prohibition order. The Supreme Court adjourned the hearing of the Supreme Court Practice and Procedure Bill until July. They say, the constitution gives the Supreme Court the authority to hear, the judge’s oath says that he will decide according to the constitution and the law, practice and procedure is a law, I am not part of the bench in the Supreme Court practice and procedure, I will not say anything.
He said that before this a suo motu notice was fixed for hearing in my bench, I said in my decision that rules should be made in Article 184/3 of the Constitution, after that there was surprise, sadness and shock that on March 31, Ishrat Ali Sahib issued a circular, Ishrat Ali Sahib said in the circular of March 31 to ignore the Supreme Court’s order of March 15. Was this the validity of the Supreme Court’s decision? Then the Supreme Court constituted a 6 member bench and confirmed the circular and reversed my decision.
Justice Qazi Faiz Isa said that if there was a review in this 6-member bench, why was no judge of the main case included? I wrote a note on the 6 member bench which was removed after uploading it on the Supreme Court website, the Chief Justice asked on May 16 whether I want to do chamber work or not. Explaining why I preferred chamber work, a law was made regarding the constitution of benches, not pointing fingers at anyone but I had the option to abide by the oath or sit on the bench on court order, in my knowledge I followed the law. Can’t be rejected can’t be suspended, I wrote a 5 page note when I was asked about chamber work.
The nominated Chief Justice said that to avoid gossip, I am convinced that the whole thing should be done in the open court, now the notes are also removed from the website, so I am reading my answer here. I wrote to the justice and sent the note to all my colleagues. I said in the note that my colleagues have put me in a strange dilemma by suspending the law. 5-member bench prevented from working? I have also submitted the reply to the notice in the inquiry commission.
Justice Qazi Faiz Isa said that in the petition I received late at night, there was also the petition of chairman PTI. I am not apologizing to hear the case, first the Supreme Court practice and procedure able should be decided, my position is that I cannot sit on any bench until the practice and procedure able is disposed of.
He said that the Supreme Court practice and procedure should be decided first, I am getting up from the bench and am not apologizing to hear the case, I and Justice Sardar Tariq Masood were in a conflict whether to apologize to hear the case or not. Sorry, I’m getting up from the bench, I’m not apologizing to hear the case, I don’t obey this court until the decision of Supreme Court Practice and Procedure is made.
On this occasion, after the nominated Chief Justice Qazi Faiz Isa, the second senior judge of the Supreme Court, Justice Sardar Tariq Masood, said that I also agree with Justice Qazi Faiz Isa. Who will decide on the appeal? Until these laws are decided, we cannot sit on the bench.
Aitzaz Ahsan’s appeal to Justice Qazi Faiz:
Petitioner Aitzaz Ahsan said that listen to this case, my request is to Qazi Sahib. On this, Justice Qazi Faiz Isa said that I respect you a lot, it is not possible that I violate my oath once.
Aitzaz Ahsan said to hear the case for the protection of the house, you are bound to decide together in the Supreme Court, you are my younger brother, even if I agree, I will ask you to sit on the bench. Justice Qazi Faiz Isa said that you are a great jurist and senior, you say I should break my oath this time?
Aitzaz Ahsan said that your position is correct but it is like a house. Justice Qazi Faiz Isa said that Aitzaz sir, this is not a house but the Supreme Court. Not rising from, not this court, every bench is illegal until it decides on the Practice and Procedure Act, sworn to decide under the constitution and law.
On this occasion, the Chief Justice said that Aitzaz should not do this, take care of the decorum of the court, the Attorney General is making amendments on the Practice and Procedure Act, we have the respect of all the honorable judges, what we have done. According to the constitution, we want the decisions to be in accordance with truth and justice, we want the decisions to be for the sake of the creation of God, two respected senior judges have objected, it is possible that the injunction on the Supreme Court Practice and Procedure Bill will end. According to the tradition, after the objection of 2 senior judges, do not repeat, let us solve your case differently, we have also made this bench according to the oath under the constitution, here we are sitting to give judgments in favor of the creation of God.
After the remarks of the Chief Justice, the bench got up and left.
Chief Justice Umar Atta Bandial constituted a 7-member bench to hear the case, the two objecting judges Justice Qazi Faiz Isa and Justice Sardar Tariq Masood are not included in the bench.
The bill was sent to the President for signature after it was approved by the National Assembly and the Senate.
Under the Supreme Court Practice and Procedure Bill, the authority to take suo motu notice will now be with the 3 senior most judges of the Supreme Court. Under the bill, every case and appeal before the Supreme Court will be heard and disposed of by a bench constituted by the committee, while the chief of the committee. There will be Justice and two senior most judges and the decision of the committee will be by majority vote.
Under Article 184/3 of the Constitution, the matter shall first be referred to the Committee, on matters of public importance relating to fundamental rights, a bench of 3 or more judges shall be constituted, in cases relating to the constitution and law, the bench shall consist of at least 5 judges. While an appeal can be filed within 30 days of the decision of the bench, the filed appeal will be scheduled for hearing in 14 days, pending cases will also have the right to appeal, the parties will retain a lawyer of their choice for the appeal.
Petitions against trials of civilians in military courts:
Former CJ Jawad S Khawaja, Senior Advocate Aitzaz Ahsan, Karamat Ali and Chairman PTI Imran Khan have filed petitions, the petitioners have requested that the trial of civilians in military courts be declared unconstitutional.
Yesterday, former Chief Justice Jawad Khawaja filed a petition against the trial of civilians in military courts through lawyer Uzair Chaghatai, in which the Ministry of Law, Ministry of Defense, Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan provincial governments were also made parties.
The position adopted in the petition is that my intention is not to support or attack any party or institution, there is no personal interest involved in this case, the petitioner’s intention is not to arrest the suspects involved in criminal activities.
It has been stated in the statement that the petitioner does not support any act of the accused, the forum for trying cases against civilians is the criminal courts, court martial proceedings can only be against the personnel of the armed forces, the purpose of the court martial is to maintain order in the forces. is to be maintained, a civilian may be tried in a military court who is a civilian employee serving in the military.
According to the text of the petition, the decisions of the military courts will have a direct impact on fundamental rights.
The petition seeks to declare the trial of civilians by military courts as ordinary courts unconstitutional and order them to stay the proceedings and prevent them from issuing any final verdict.
It should be noted that Justice Jawad Khawaja was the Chief Justice of Pakistan from 17 August 2015 to 9 September 2015, he was the 23rd Chief Justice of Pakistan.