ISLAMABAD: The nine-member bench set up against the trial in civilian military courts broke down after the separation of Qazi Faiz Isa and Justice Tariq.
Application for injunction rejected. A larger bench of the Supreme Court, headed by Chief Justice Supreme Court Umar Atta Bandial, heard the petitions against civilian trials in military courts.
The larger bench included Justice Qazi Faiz Isa, Justice Sardar Tariq Masood, Justice Ijazul Hassan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Syed Mazahir Ali Akbar Naqvi and Justice Ayesha Malik.
The Chief Justice told the lawyers that it is a pleasure to see you. Justice Qazi Faiz Isa in the bench said that I want to make some observations.
Chairman PTI’s lawyer Sardar Latif Khosa said against the trial in military courts, let us express our happiness. Justice Qazi Faiz Isa said that you can express happiness outside this is not a political forum, according to the oath I will decide according to the constitution and law.
Justice Qazi Faiz Isa said that there is a practice and procedure law in the laws, according to this law, the bench has to be formed by a meeting. went.
Justice Qazi Faiz Isa said that I want to clarify that on March 5, 2023 neither the bill nor the act was made, I was surprised, sad and shocked, on March 31 Registrar Supreme Court Ishrat Ali issued a circular, Registrar Supreme Issuing the court circular shows the importance of the Supreme Court, the Supreme Court withdraws my decision on March 15.
Justice Qazi Faiz Isa said that I will speak according to my knowledge and wisdom, why was I included when I was not part of a bench? I wrote a note which was removed from the website on April 8.
Granted, the Supreme Court Practice and Procedure is also the law of Pakistan, I shared every note with my colleague, a commission of inquiry was constituted, the commission of inquiry was stopped by a five member bench, no notice was given to the commission of inquiry.
No answer was sought. Qazi Faiz Isa said that I am not giving an opinion on any decision, 4 petitions were filed, Chairman PTI was the first petition which was objected to, I am leaving this bench today, Justice Qazi Faiz Isa said that Until the Supreme Court Practice and Procedure Bill is decided, I cannot sit in this bench, I do not consider this bench as a court, every bench formed till then is illegal.
Justice Qazi Faiz Isa said that my opinion should not be taken to mean that I refused to hear the case, I am of the opinion that the Supreme Court Practice and Procedure Act should be decided first.
After Qazi Faiz Isa left the bench, Justice Tariq He also agreed with them and left the bench. Justice Tariq said that I also agree with Justice Qazi Faiz Isa, if the law is declared correct yesterday, then what will happen to the appeal?
The separation of the two judges splits the bench that hears appeals against the trial of civilians in military courts. After the separation of the judges, the bench began to rise, on which Advocate Faisal Siddiqui said that people’s lives are in danger, the Chief Justice and other judges are requested to remain seated.
The Chief Justice said that they are doing something about this matter now, after saying that all the judges left. Lawyer Aitzaz Ahsan said that this is a domestic dispute while people from outside are attacking.
On this, Justice Qazi Faiz Isa said to Aitzaz Ahsan that Aitzaz Ahsan please! I respect you, please don’t call the Supreme Court a house, this Supreme Court is a constitutional institution and not a house. On the separation of the judges, the Chief Justice said that I have full respect for both honorable judges, I have respect for all the judges including Justice Qazi Faiz Isa, Justice Sardar Tariq Masood.
The Chief Justice said that God will do good inshallah, I pray that whatever decision comes will be according to truth and justice, I pray that whatever decision comes will be better for the people, we see it. Sardar Latif Khosa said that this is a matter of 25 crore people, where will 25 crore people go? On this, Justice Sardar Tariq Masood said that when civilians were tried in military courts, where were you at that time? When the case of 25 million people comes, then we will see.
Let the decision come according to truth and justice, we pray that whatever decision comes will be better for the people, we see it. Sardar Latif Khosa said that this is a matter of 25 crore people, where will 25 crore people go? On this, Justice Sardar Tariq Masood said that when civilians were tried in military courts, where were you at that time? When the case of 25 million people comes, then we will see.
Let the decision come according to truth and justice, we pray that whatever decision comes will be better for the people, we see it. Sardar Latif Khosa said that this is a matter of 25 crore people, where will 25 crore people go? On this, Justice Sardar Tariq Masood said that when civilians were tried in military courts, where were you at that time? When the case of 25 million people comes, then we will see.
