Military court trials: Justice Isa’s note removed from SC website

ISLAMABAD: A note of Justice Qazi Faez Isa, the senior puisne judge of the Supreme Court of Pakistan, over the bench hearing petitions against trials of civilians in military courts has been removed from the website of Supreme Court (SC), ARY News reported on Friday.

According to details, the note of Justice Qazi Faez Isa – who was formally named the next Chief Justice of Pakistan (CJP) – was related to nine-member bench constituted to hear the petitions against trials of civilians in military courts.

The note of SC judge consists of 30 pages. A copy of the reply submitted by the inquiry commission to the Supreme Court was also attached with the note. Justice Isa had also attached a letter dated May 17 to the Chief Justice of Pakistan (CJP) Umar Ata Bandial regarding his separation from the bench.

In the note, Justice Isa highlighted the Supreme Court (Practice and Procedure) Bill 2023, saying: “Under this law, benches are constituted after holding a meeting.”

He said that he was “surprised” to see his name included in the bench hearing the case when the cause list was issued last night. He said that an order he issued as part of a three-member bench was superseded by a “circular”.

Referring to the March 29 order, he said that there were no laws for determining cases under Article 184(3) and they should be postponed. Justice Isa noted that at this point neither the bill regulating the CJP’s powers nor the law had existed.

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“I was surprised and shocked when the SC registrar issued a circular [disregarding the order],” he said. He said that his order on suo motu matters was later withdrawn by a larger bench, questioning whether this was the respect of a SC order.

He stated that his colleagues were more capable than him but he would take a decision in accordance with his conscience.

Dissolution of 9-member bench

A nine-member larger bench headed by CJP Bandial had taken up the pleas on Thursday. However, the bench was dissolved after two members, Justice Qazi Faez Isa and Justice Tariq Masood, object to it.

Justice Qazi Faez said he was surprised after seeing his name in the cause list last night. The senior-most judge after CJP remarked the SC Practices and Procedure Bill was suspended by an eight-member bench of the apex court even before letting it become law.

Justice Qazi Faez Isa said he cannot remain part of the bench as he does not consider it a ‘bench’. I will not be part of any bench until the decision is reached on the Supreme Court Practices and Procedure Bill, he added.