ISLAMABAD: Justice Tariq Masood of the Supreme Court on Monday recused himself from hearing intra-court appeals regarding civilians' trials in military courts, leading to the dissolution of a six-member larger bench.
In December of the previous year, the larger bench had conditionally suspended its judgment on military courts, with a majority vote of 5-1, and Justice Musarrat Hilali dissenting.
The bench members included Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan.
During the recent hearing of the intra-court appeal before the same bench, the lawyer representing the petitioner, former Chief Justice Jawad S Khawaja, Khawaja Ahmad Hasan, objected to the bench.
The counsel demanded the reconstitution of the bench and requested that the matter be referred to the judges' committee responsible for assigning cases to SC benches under the Supreme Court (Practice and Procedure) Act 2023.
Justice Masood prohibited Lahore High Court Bar Association (LHCBA) counsel Hamid Khan from presenting arguments, stating, "If we don't have to hear the case, then don't give arguments." He mentioned that an objection had been raised seeking his recusal from the bench.
Following Justice Masood's recusal, the bench was dissolved, and the matter was referred to the judges' committee for the reconstitution of the bench.
The Supreme Court specified that its decision to annul civilian trials in military courts would remain suspended, and the new bench would handle the intra-court appeals.
Lawyers Salman Akram Raja, Aitzaz Hasan, and Latif Khosa also urged the SC to schedule the hearing of the appeal after the general election set for February 8.
On October 23 of the previous year, the Supreme Court declared the trial of civilians in military courts unconstitutional.
It ruled that individuals connected to the events arising from the violent protests on May 9-10 could be tried by criminal courts.
The May 9-10 events referred to the violent protests that occurred after the arrest of PTI founder Imran Khan in a corruption case.
PTI and others had approached the top court against military trials, citing a lack of transparency. The larger bench conditionally suspended its judgment on the defense ministry and caretaker government's plea on December 13, 2023.
