CJP Isa responds to Justice Ahsan’s objections to benches

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday responded to the objections, Justice Ijazul Ahsan raised over the formation of benches hearing the appeals against the Supreme Court’s verdict on the military trials of civilians and Justice Sayyed Mazahar Ali Akbar Naqvi’s petitions, ARY News reported.

Justice Ahsan is a member of the three-judge committee constituted under Section 2(1) of the Supreme Court (Practice and Procedure) Act 2023 to determine fixation of cases before different benches. The committee consists of CJP Isa, Justice Sardar Tariq Masood, and Justice Ahsan.

In a letter to the secretary of the judges committee, Justice Ahsan stressed that the rule of seniority of judges was agreed to be followed to hear cases in the interest of transparency.

Justice Ahsan regretted that the two special benches formed to hear the intra-court appeals in the military court case and the petition of Justice Sayyed Mazahar Ali Akbar Naqvi challenging a show-cause notice by the Supreme Judicial Council (SJC), respectively should, be “deemed as not set up by the committee”.

“The two special benches have not been constituted by the committee,” the letter claimed, adding that the matter was never placed before the committee in its meeting.

Responding to the objections, CJP Justice Qazi Faez Isa dubbed Justice Ahsan’s accusations “contrary to the record and the facts”.

“You [Ahsan] allege that you have not been consulted with regard to the constitution of benches. My door is always open to all my colleagues, I am also available on intercom and via cell phone, but surprisingly you neither came to talk to me nor reached out to me to express your concerns,” the chief justice noted.

CJP Isa further said he leant that Justice Ahsan had left for Lahore, early Friday afternoon and “before the end of the working day”.

“If I did not want to consult either you or Justice Sardar Tariq Masood, would I have supported, believed an imposed the process of consultation on myself when a Bench, of which you were a member, had suspended the operation of the Act?” he asked.

Justice Isa reminded the Supreme Court judge of his first order he signed after assuming the responsibility of the office of the Chief Justice of Pakistan – which stated that he would consult with his two senior colleagues with regard to the constitution of Benches and fixation of cases.

“If I did not want to abide by what we decided in the committee meetings would I have its working/decisions minute and then have them uploaded on the Supreme Court website?” he questioned.

The chief justice, while responding to the allegations, claimed that four meetings of the committee were delayed or cancelled due to various reasons – including Justice Ahsan’s “non-availability”.

“The constitution of Benches also demonstrates that every Judge is treated equally and with respect, and special benches are not made for particular cases and to include or exclude Judges,” he added.

Dubbing Justice Ahsan’s accusations “contrary to the record and the facts”, CJP Isa said that he would convene a meeting of the Committee if the SC judge had any “suggestions for the reconstitution of Benches”.