A previously established nine-member bench was disbanded following reservations voiced by senior judges — Justice Qazi Faez Isa and Justice Sardar Tariq Masood.
The formation of a new seven-member bench to hear petitions against civilian trials in military courts. The two judges were excluded from the newly-constituted bench.
Justice Isa declared his non-acceptance of the bench until a verdict on the Supreme Court Practice and Procedure Act, 2023, was delivered. Chief Justice of Pakistan (CJP) Umar Ata Bandial reassured that the bench’s establishment aligned with the law.
The Supreme Court Practice and Procedure Act, 2023
On April 13, an eight-member bench of the Supreme Court (SC) stipulated that the Supreme Court Practice and Procedure Act, 2023, would not be acted upon until further notice, even if it received the president’s assent.
The legislation aimed to curb the CJP’s suo moto powers in an individual capacity and has sparked controversy since its inception. Upon initial approval, President Arif Alvi returned the bill to parliament for reconsideration, asserting that it appeared to exceed parliamentary competence and could be challenged as colorable legislation.
Read: SC’s Larger Bench To Hear Civilian Trials in Military Courts Today
Justice Isa expressed surprise at his inclusion in the new bench, noting that he wasn’t part of the bench examining the Practice and Procedure Bill. He highlighted past experiences where he felt his verdicts and rulings were dismissed or not adequately considered.
Justice Masood supported Justice Isa’s decision only to join a bench once a verdict on the new law was issued, reiterating the need to act according to the law. CJP Bandial then acknowledged the objections the two senior judges raised, assuring that the bench was constituted in compliance with the law, signaling a potential lift on the stay order on the new law.
