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Correspondent
July 10, 2023
In a petition filed with the Supreme Court (SC) on Monday, contempt of court proceedings were sought against Justice Isa and Justice Sardar Tariq Masood for "refusing" to hear pleas against the trial of civilians in military courts.
The contempt plea against the apex court's senior most judges has been moved by a high court lawyer, Advocate Shahid Rana. The lawyer has argued that by refusing to abide by the SC's orders suspending a law, they have committed contempt of court.
"Contempt is a crime against the state and contemnors cannot be set at liberty to sabotage the peace of the country," the petitioner stated.
Earlier, the parliament had passed a law clipping the Chief Justice's powers.
However, the law was suspended even before it was enacted by an eight-judge larger bench headed by CJP Umar Ata Bandial.
In a separate hearing, concerning the trial of civilians in military courts, the two senior most judges had expressed serious reservations about the court proceeding with hearing cases till the matter concerning the SC (Practice and Procedure) Act 2023 was settled.
Justice Isa had revealed in an open court that on a query of CJP Bandial he had explained in writing why he was not sitting in court benches. Justice Isa believes that the Supreme Court (Practice and Procedure) Act, 2023, which regulates the CJP's discretionary powers, cannot be suspended by the court.
A law can either be struck down or endorsed, he had said.
The judge said he was expecting that the final decision on the fate of this law would be given soon. However, the stay on operation of the law still continues.
Justice Masood also expressed surprise at the petitions being fixed for hearing shortly after the petitioner, Chaudhry Aitzaz Ahsan, had a meeting with Chief Justice of Pakistan Umar Ata Bandial in his chamber. Justice Masood, in a judicial note, emphasized that he was not consulted before being assigned to the bench for the cases.
He questioned the practice of allowing petitioners to meet the chief justice to expedite their cases and sought clarification on whether this privilege would extend to all pending petitions.
“Surprisingly, these petitions in this Bench have been fixed when just a day earlier the petitioner of the Constitution Petition No. 25 of 2023 himself along with his counsel met the Hon'ble Chief Justice in his Chamber and thereafter on the next day these petitions have been fixed without any consultation or ascertaining the mine," he added.
Justice Masood also asked “if the practice is allowed then whether every petitioners/appellants whose petitions/appeals are lying in this court for years can be allowed to meet the chief justice in his chamber for getting fixed their cases on the very next day”.
tribune.com.pk
Contempt plea filed against justices Isa and Masood
Court moved against apex court judges for 'refusing' to sit on bench, 'sabotaging peace of country'Correspondent
July 10, 2023
In a petition filed with the Supreme Court (SC) on Monday, contempt of court proceedings were sought against Justice Isa and Justice Sardar Tariq Masood for "refusing" to hear pleas against the trial of civilians in military courts.
The contempt plea against the apex court's senior most judges has been moved by a high court lawyer, Advocate Shahid Rana. The lawyer has argued that by refusing to abide by the SC's orders suspending a law, they have committed contempt of court.
"Contempt is a crime against the state and contemnors cannot be set at liberty to sabotage the peace of the country," the petitioner stated.
Earlier, the parliament had passed a law clipping the Chief Justice's powers.
However, the law was suspended even before it was enacted by an eight-judge larger bench headed by CJP Umar Ata Bandial.
In a separate hearing, concerning the trial of civilians in military courts, the two senior most judges had expressed serious reservations about the court proceeding with hearing cases till the matter concerning the SC (Practice and Procedure) Act 2023 was settled.
Justice Isa had revealed in an open court that on a query of CJP Bandial he had explained in writing why he was not sitting in court benches. Justice Isa believes that the Supreme Court (Practice and Procedure) Act, 2023, which regulates the CJP's discretionary powers, cannot be suspended by the court.
A law can either be struck down or endorsed, he had said.
The judge said he was expecting that the final decision on the fate of this law would be given soon. However, the stay on operation of the law still continues.
Justice Masood also expressed surprise at the petitions being fixed for hearing shortly after the petitioner, Chaudhry Aitzaz Ahsan, had a meeting with Chief Justice of Pakistan Umar Ata Bandial in his chamber. Justice Masood, in a judicial note, emphasized that he was not consulted before being assigned to the bench for the cases.
He questioned the practice of allowing petitioners to meet the chief justice to expedite their cases and sought clarification on whether this privilege would extend to all pending petitions.
“Surprisingly, these petitions in this Bench have been fixed when just a day earlier the petitioner of the Constitution Petition No. 25 of 2023 himself along with his counsel met the Hon'ble Chief Justice in his Chamber and thereafter on the next day these petitions have been fixed without any consultation or ascertaining the mine," he added.
Justice Masood also asked “if the practice is allowed then whether every petitioners/appellants whose petitions/appeals are lying in this court for years can be allowed to meet the chief justice in his chamber for getting fixed their cases on the very next day”.
Contempt plea filed against justices Isa and Masood | The Express Tribune
Court moved against apex court judges for 'refusing' to sit on bench, 'sabotaging peace of country'
