ISLAMABAD: Supreme Court (SC) has suspended conditionally its  decision of nullification of civilians trial in military courts. 

The majority decision was announced  with 5-1.  Justice Musarrat Hilali  differed  with decision of five judges.

A six-member bench of the Supreme Court, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan heard the set of intra-court appeals.

Justice Hilali differed with the majority decision. Attorney  General (AG), Suleman Akram Raja appeared in the court.

The petitioner former Chief Justice of Pakistan (CJP) Jawwad S Khawaja had raised  objection over Justice Sardar Tariq, head of the bench. Justice Tariq declined to recuse himself from bench,

Justice Tariq questioned from the lawyers who has raised objection.

Suleman Akram Raja said Jawwad S Khawaja has objected.

Justice Tariq replied it is decision of Jawwad S Khawaja that  it is upto judge either he is willing to separate himself from bench  or otherwise.  Suleman Akram Raja argued the court cannot suspend decision of  nullification of civilians trial in military courts without hearing us.

Justice Tariq remarked the entire section of law was nullified in two lines.

Published in The Daily National Courier, December, 14 2023

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