Another SC Judge burst out on CJP | AQSLive |Civilians Military trial Case||

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Supreme Court’s Justice Yahya Afridi — who is a member of the six-judge panel hearing pleas challenging the trials of civilians in military courts — has urged the chief justice of Pakistan to reconsider the reconstitution of the bench conducting proceedings into the case and refer the present petitions to a full court.

Justice Afridi passed these remarks in an additional note following the hearing on Friday (June 23).

A bench comprising CJP Umar Ata Bandial, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Afridi, Justice Sayyed Ma­­zahar Ali Akbar Naqvi and Justice Ayesha Malik is hearing a set of petitions against civilians’ trials in military courts filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan.

The bench initially comprised nine judges — including justices Qazi Faez Isa, Sardar Tariq Masood and Mansoor Ali Shah — but shrunk to six when the aforementioned three judges left the bench.
During the first hearing of the case on June 22, Justice Isa had said that he did not consider “this bench a bench”, adding that he could not be a part of any bench until the case relating to the Supreme Court (Practice and Procedure) Bill 2023 — which aims to deprive the office of the chief justice of Pakistan (CJP) of powers to take suo motu notice in an individual capacity and which has since become law — was decided.

Reading a statement out loud during the hearing, Justice Isa had regretted that he had no choice but to emphasise that constitutional institutions, such as the Supreme Court, should not be left on the whims and caprice of an individual by making it a “one-man show”.

Justice Masood had agreed with the puisne judge after which both of them had left the courtroom.

Meanwhile, Justice Shah had left the bench a day earlier after the government objected to his inclusion, saying that he was related to ex-CJP Khawaja.

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