Justice Tariq recuses himself from ‘military courts case’ bench

ISLAMABAD: The Supreme Court faced a disruption as Justice Tariq Masood tendered his resignation from the bench handling the case concerning military courts. The abrupt departure of Justice Masood has prompted the court to announce that the decision to invalidate trials of civilians in military courts will remain suspended.

The Supreme Court has indicated that a Judges Committee will be formed to constitute a new and larger bench to hear intra-court appeals related to the military courts issue.

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The Judges Committee is expected to play a pivotal role in reshaping the course of the case and ensuring a fair and comprehensive hearing. As the legal landscape takes an unexpected turn, the Supreme Court remains committed to addressing the complexities surrounding the trials of civilians in military courts.

The details of Justice Tariq Masood’s resignation and the subsequent developments will likely unfold in the coming days as the newly constituted bench takes charge of the case.

BACKGROUND

A six-judge Supreme Court bench was formed in December 2023, to take up a set of intra-court appeals against SC’s October 23, 2023 unanimous verdict declaring the trial of 103 civilians in military courts for their alleged involvement in the May 9 violence as against the Constitution.

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The bench was to be headed by Justice Sardar Tariq Masood and comprise Justice Aminuddin Khan, Justice Mohammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat Khan.

A five-judge bench headed by Justice Ijazul Ahsan had declared that the cases of the accused involved in the May 9 riots would not be tried in military courts but in criminal courts of competent jurisdiction established under the ordinary or special law of the land.