A Supreme Court bench constitued to hear a case related to the civilians’ trial in the military courts dissolved after Justice Sardar Tariq Masood recused himsel from the bench on Monday.
The court sent the matter to the judges’ committee for formation of a bench. A SC six-member bench led by Justice Sardar Tariq Masood had to take up the case on Monday (today).
According to the cause list, Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan were the other members of the bench.
Previously, in a case appealing against the decision to declare military court trials null and void, former CJP Jawad S. Khwaja had filed a request for reconstitution of the bench and said that its formation be declared as illegal.
He contended that according to the Practice and Procedure Act, a 7-member larger bench should be formed to hear appeals on military courts. The plea further highlighted that Retired Justice Ejaz-ul-Ahsan had also objected to the constitution of the bench.
He also argued that the bench’s formation for military court appeals was not in accordance with the law, and any decision made by such a bench would not be acceptable. Jawad S. Khwaja submitted the request through his counsel, Khwaja Ahmed Hussain.
