A six-member bench of the Supreme Court started hearing the petitions against the trial of civilians in military courts after a larger bench was dismissed earlier in the day.
The bench, headed by the chief justice of Pakistan, now comprises Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik.
An objection that one of the petitioners was the judge’s relative. The CJP told the AGP that benches cannot be formed on their wishes and whims, and asked him on what basis the objection was being raised on a member of the bench. He remarked that he had said on the first day that if someone had any objection to the bench they could say so.
The AGP said the federal government has directed that an objection be raised over Justice Shah. As Justice Shah recused himself from the seven-member bench, the court was dismissed.
Petitioner Junaid Razzaq’s counsel Salman Akram Raja suggested Justice Shah reconsider his decision. The judge remarked that he knew his conduct very well, adding if someone raised even a finger, he did not remain part of the bench.
The CJP asked if the objection was being raised due to conflict of interest, adding there is an entire series where objections are being repeatedly raised over the bench.
The bench is being made controversial once again, the CJP remarked. Sometimes it is said the right bench has not been constituted, he further said, adding the judges are also taunted for being “like-minded. What do you want?”
“We have always displayed patience,” CJP Bandial said, adding the court has not even punished those not obeying its orders.
He further asked if the government once again wanted to raise the issue of bias. Nobody said holding elections in 90 days is a constitutional requirement, he added.
