Justice Tariq recuses from bench hearing pleas against military trials

ISLAMABAD: Supreme Court Judge Justice Sardar Tariq Masood Monday recused from the bench hearing the intra-court appeals (ICA) against the apex court judgment declaring the civilians’ trial in military courts as unconstitutional.

A six-member larger bench — headed by Justice Sardar Tariq Masood — heard the intra-court appeals.

Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat Khan were the other bench members.

The court maintained its Dec 13, 2023 order conditionally suspending its prior decision to invalidate the trial of 103 civilians until a final judgment on the matter.

The bench on December 13, 2023 held that the ongoing military trial of civilians, accused of involvement in attacks on military installations on May 9 would proceed.

The court declared that the final decision of the trial in the military courts would be subject to its final ruling.

The federal government, governments of Punjab, Khyber Pakhtunkhwa, Balochistan and others had filed ICAs against the apex court judgment under Section 5 of the Supreme Court (Practice and Procedure) Act, 2023 read with Article 184 (3) of the Constitution against the order passed by the apex court in the petitions, challenging the trial of civilians in military courts.

Former chief justice of Pakistan Justice Jawad S Khwaja, former prime minister and PTI founding chairman Imran Khan, Barrister Aitzaz Ahsen, Supreme Court Bar Association (SCBA), Karamat Ali, Zaman Khan Vardag, and Junaid Razzak had challenged the trial.

Sardar Tariq Masood sent the matter of intra-court appeal to the Judges Committee, established under the Supreme Court Practice and Procedure Act 2023 for constitution of a new bench.

It is pertinent to mention that former chief justice of Pakistan Jawad S Khawaja and one of the petitioners who had challenged the trial of civilians in military courts had asked Justice Sardar Tariq Masood to recuse form the bench hearing the ICAs against the judgment declaring the trial of civilians in military courts as unconstitutional.

Justice Sardar Tariq Masood, head of the bench, said a request for adjournment had come from lawyer Salman Akram Raja in the case. Similarly, Aitzaz Ahsan, another petitioner in the case, also appeared on video link from the Lahore Registry and said his lawyer was involved in election activities and was on leave until the general elections.

He requested that the hearing be fixed after the general elections.

Justice Sardar Tariq Masood said two different petitions had been filed by the former chief justice who was a party to the case. The objection to the bench has been raised, so the matter is being sent back to the committee.

Hamid Khan from the Lahore Bar appeared on the video link and requested that the injunction be withdrawn, on which Justice Sardar Tariq Masood said they will not hear the case but the injunction order will remain intact. Later, the court adjourned the hearing until after the general elections.