In the realm of legal proceedings, the recent dissolution of the nine-member bench in the Pakistani Supreme Court has attracted significant attention and raised concerns over the formation and constitutionality of the bench.
This development emerged during the hearing of petitions filed against the trial of civilians in military courts.
Details surrounding the dissolution of the bench, the concerns voiced by senior judges, and the subsequent formation of a new seven-member bench. By examining these events comprehensively, we aim to provide a clearer understanding of the circumstances and implications of this legal process.
Background: Trial of Civilians in Military Courts
Before delving into the dissolution of the nine-member bench, it is crucial to establish the context regarding the trial of civilians in military courts. Pakistan's legal system has faced ongoing discussions and debates concerning the involvement of military courts in the trial of civilians, particularly in cases related to national security matters. In response to these debates, several petitions were filed challenging the legitimacy and constitutionality of such trials.
Dissolution of the Nine-Member Bench
During the hearing of petitions challenging the trial of military courts, senior judges, Justice Qazi Faez Isa and Justice Sardar Tariq Masood, expressed concerns regarding the formation of the nine-member bench. Justice Isa explicitly stated that he did not consider the bench as such, a sentiment supported by Justice Masood.
The judges emphasized the need for the court to first issue a verdict on the Supreme Court Practice and Procedure Act, 2023, before constituting new benches.
Justice Isa specifically stressed that he would not accept the court until a decision was reached on the aforementioned act. However, he made it clear that he was not recusing himself from the bench.
Responding to these concerns, Chief Justice of Pakistan (CJP) Umar Ata Bandial asserted that he had constituted the bench in accordance with the law. Despite the difference in opinions, the bench exited the courtroom, and the hearing was subsequently adjourned.
Formation of a New Seven-Member Bench
Following the dissolution of the nine-member bench, a new seven-member bench was formed. Justices Masood and Isa were excluded from this bench. The exclusion of these judges from the newly formed bench raises additional questions about the dynamics and decision-making process within the Supreme Court.
The Supreme Court Practice and Procedure Act, 2023
In the midst of the hearings and subsequent developments, it is important to shed light on the Supreme Court Practice and Procedure Act, 2023. An eight-member larger bench of the Supreme Court had previously ordered that even if the act received the assent of the president, it should not be acted upon until further notice.
This ruling was made in response to petitions challenging the act's constitutionality, filed under Article 184(3) of the Constitution. The act aims to limit the suo moto powers of the Chief Justice of Pakistan when acting in an individual capacity.
Despite initial opposition and subsequent reconsideration, the act was passed by a joint sitting of parliament. However, the Supreme Court issued a stay order, preventing its implementation.
Concerns Voiced by Justice Isa
Justice Isa expressed surprise at the inclusion of his name on the cause list for the hearing, as he clarified that he was not a part of the bench responsible for the case related to the Supreme Court Practice and Procedure Bill.
He further highlighted the significance of adhering to the SC rules, particularly Article 175/2 of the Constitution, which grants the court the power to conduct hearings. Justice Isa also raised concerns regarding the disregard of his previous verdict and the subsequent endorsement of a circular withdrawing his decision.
Moreover, he questioned the absence of any judge from the bench responsible for the main case on the six-member bench formed for the review. The removal of his note from the apex court's website and his preference for chamber work further contributed to the complexity of the situation.
The dissolution of the nine-member bench in the Pakistani Supreme Court, followed by the formation of a new seven-member bench, has generated significant interest and raised concerns over the constitutionality of the legal proceedings.
The expressed concerns by Justice Qazi Faez Isa regarding the formation of the bench and the Supreme Court Practice and Procedure Act, 2023, further add to the complexity of the situation. By providing an in-depth analysis of these events, we hope to contribute to a comprehensive understanding of the circumstances surrounding this legal process.
