The Supreme Court suspended on Wednesday its October 23 unanimous decision nullifying military trials of civilians.
A six-member bench hearing the case had earlier today reserved its verdict on a set of intra-court appeals (ICAs) filed by the caretaker federal government and the provincial governments of Balochistan, Punjab and Khyber-Pakhtunkhwa. The Sindh government abstained from filing a plea.
The bench hearing the appeals today is headed by Justice Sardar Tariq Masood, and includes Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat Khan.
The verdict was announced by a majority of 5:1, as Justice Musarrat Hilali objected to it.
On October 23, a five-member bench declared the military trials of individuals detained after the country’s violent protests on May 9 null and void during the hearing of multiple petitions.
As the hearing commenced today, Justice Masood refused to recuse himself from the bench over objections raised by the counsels. Advocate Latif Khosa informed Justice Masood that objections had been raised over his presence on the bench, to which he replied if his client, Aitzaz Ahsan, had been issued a notice on notice on the matter.
The apex court judge then added that arguments could be conducted if there are objections against a judge’s inclusion before a notice has been issued and referred to an earlier decision by Justice (retd) Jawad S Khwaja which stated hat it is the will of the judge to either remain or recuse himself from the bench.