In the case against the trials of civilians in military courts, the federal government raised objections to the bench, after which the seven-member bench hearing the case again broke down.
When the 7-member larger bench headed by Chief Justice Umar Atta Bandial started hearing the case, Attorney General Mansoor Usman Awan objected and said that the close relative of Justice Mansoor Ali Shah is the petitioner in this case. Justice Mansoor Ali Shah did not hear this case.
During the hearing, Justice Mansoor Ali Shah remarked that I had asked in the first hearing if anyone has any objection, tell me now, by whom the objection has been raised on the bench.
Article 4 of the Code of Conduct is very clear, what is the objection? Attorney General said that Justice Mansoor Ali Shah is a relative of Justice Jawad S. Khawaja, to which Justice Mansoor Ali Shah said that I recuse myself from the bench.
Chief Justice Umar Atta Bandial remarked that the court had shown restraint earlier too Yes, compliance with court decisions is a moral responsibility and we do not have a stick to follow the decisions but many people have a stick but what is their moral authority.
People respect the court decisions, the judge himself will decide whether to join the bench or not. Justice Mansoor Ali Shah said that I think I should not be included in this bench after the objection. The Chief Justice inquired whether we should ask the Prime Minister about all this.
What if the government makes such allegations, don’t defame the court, you are accusing a bench judge of partiality. Justice Mansoor Ali Shah said that I have never sat in this bench when I was suspected of bias.
The Chief Justice inquired from the Attorney General whether the judge is talking about bias or conflict of interest. On what basis are you objecting, you are a qualified lawyer, you are a lawyer with good character and values, our government always Talks on the constitution of benches, it is sometimes said that the bench is not properly constituted, you insult us like-minded judges, what do you want to do?
We have always shown restraint, we have not punished those who do not implement court decisions, we think it is time to take a step back. Attorney General argued that on the last hearing, Justice Mansoor Ali Shah said that he has a close relationship with the petitioner Jawad S. Khawaja, so Justice Mansoor Ali Shah should reconsider sitting on the bench, I still have the same stand as the last hearing.
was on Justice Mansoor Ali Shah remarked, “Who told you to name him,” to which the Attorney General said, “I have instructions from the federal government.” Justice Mansoor Ali Shah remarked that that is why I had asked you earlier, the Attorney General said that I am telling what the federal government has said.
The Chief Justice while talking to the Attorney General said that you are biased Because of raising objection or because of conflict of interest? If the judge gives any benefit to a relative, it becomes an objection. You are a good lawyer and we respect you.
