Justice Ijaz says military court appeal bench formed without following procedure
Justice Ijaz ul Ahsan has revealed that special benches formed to hear appeals against ban on trial of civilians in military court and Justice Mazahar Naqvi’s appeals were not approved by the judges committee.
In a letter written to the secretary of the committee on Monday, the judge said that he could have expressed his agreement or disagreement if the matter had been discussed in the committee.
The judge added that the committee had agreed to constitute a seven-member bench to hear the appeals against the military courts verdict a six member bench was set up instead.
He also wrote that he had proposed that all judges of the court be placed on the appellate bench in order of seniority. He also claimed that the chief justice had agreed to the suggestion but added that a judge would be replaced by the next senior one if they recused themselves.
Justice Ijaz wrote that he had the ‘greatest respect’ for all members of the court but the rule of seniority, which was made for transparency, was not followed in forming the benches.
The judge also quoted section 2 of the Practice and Procedure Act which says that each bench must be constituted by a committee comprising of the chief justice and next two seniormost judges.
He also told the secretary that he had made numerous calls and waited two days but had not received the minutes of the meeting. He added that the minutes were uploaded without showing them to him or obtaining his signature and do not accurately reflect what happened in the meeting.
“I have therefore written this note to set the record straight,” he wrote.
A six-member bench led by Justice Tariq Masood will take up the appeals against military courts on December 13. The bench also includes ustice Aminuddin, Justice Hasan Azhar Rizvi, Justice Muhammad Ali Mazhar, along with Justice Musarrat Hilali and Justice Irfan Saadat.
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