ISLAMABAD: The Supreme Court has suspended its earlier verdict that declared the trial of civilians in military courts null and void.
During the hearing of intra-court appeals challenging the court’s verdict against civilian trials in military courts, the head of the bench, Justice Sardar Tariq Masood, dismissed calls for his recusal despite objections from one of the applicants.
A six-member larger bench, led by Justice Sardar Tariq Masood and comprising Justice Aminuddin, Justice Hassan Azhar Rizvi, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, and Justice Irfan Saadat, is currently reviewing the appeals filed by federal and provincial governments, along with the Defence Ministry. The federal government is also seeking a stay on the court’s decision and requesting the annulment of the verdict.
Former Chief Justice of Pakistan, Jawad S Khawaja, who is one of the applicants, raised concerns about Justice Masood’s inclusion in the bench, citing reservations over his previous opinions on military court-related applications. Khawaja proposed the formation of a new bench through a judges’ committee.
In response, Justice Masood declined to step down, asserting the judge’s prerogative to recuse from a bench. Despite objections, he maintained his position on the bench.
The Defense Ministry’s lawyer, Khawaja Haris, began presenting arguments, citing the court’s verdict. Justice Masood remarked on the invalidation of an entire section of the law in just two lines, pointing out its retention in previous decisions. The lawyer noted that these provisions had been upheld in the FB Ali case by an eight-member bench. However, in the recent decision, a majority of 4-1 declared them null and void, a departure from previous rulings, including the 21st Constitutional Amendment case.
