The Supreme Court of Pakistan (SC) faces a new challenge as a petition was filed on Monday, questioning the involvement of Justice Tariq Masood in a bench set to hear appeals against the court’s decision to annul civilian trials in military courts.
Justice Masood is the head of the six-member bench scheduled to review multiple pleas from the federal government, Ministry of Defence, and provincial governments on December 13. These appeals are in response to the Supreme Court’s ruling that declared the trials of civilians in military courts as unconstitutional.
The Apex court, led by Justice Ijaz Ul Ahsan, had unanimously admitted petitions filed by various entities, including Imran Khan and Aitzaz Ahsan, nullifying the government’s decision for civilian military trials. This verdict led to intra-court appeals (ICAs) by federal and provincial governments and the defence ministry.
Controversy Surrounding Justice Masood
The petition, filed by former justice Jawwad S Khawaja, argues that Justice Masood should recuse himself due to his previous remarks.
Khawaja’s petition highlights Justice Masood’s earlier note, which expressed views on the non-maintainability of petitions against civilian military trials, indicating a potential bias.
The petition stresses that judges must remain unbiased and without preconceived notions for a fair trial, particularly in cases of such national importance. The former judge urges for the reconstitution of the bench by the committee under the Supreme Court Practice and Procedure Act 2023, ensuring impartial and just proceedings.
