Trial of civilians in military courts: Justice Ahsan writes to CJP, objects to bench

ISLAMABAD: Justice Ijazul Ahsan, senior judge of the Supreme Court and member of the committee constituted under the Supreme Court (Practice and Procedure) Act 2023, has said that as agreed, a seven-member bench was not constituted for hearing the appeals against SC judgment, declaring the trial of civilians in military courts.

Justice Ahsan has written letters to the Chief Justice of Pakistan (CJP) and committee secretary pertaining to uploading on website “wrong minutes” of the committee meeting for fixation of cases before the benches held on December 7, 2023, and ignoring his consultations.

He said it was agreed that since the judgement in the matter of the trial of civilians by military courts had been rendered by a five-member bench, a seven-member bench would be constituted to hear the appeals.

“I categorically and in clear terms stated that in order to dispel any impression of pick and choose, all judges of this court in the order of seniority be included in the appellate bench,” Justice Ahsan wrote, adding that the CJP agreed saying that he would ask the judges, if any judge did not want to sit on the bench, the next available judge would be included.

It was agreed that after asking the proposed members of the two benches the committee members would be informed.

The judge said that he waited all day on Friday for any information regarding the two benches. “Neither the minutes of the 4th meeting nor those of the 5th meeting were sent to me on Friday or Saturday,” Justice Ahsen said, adding that he did not see or sign either of the minutes, yet they were uploaded on the SC website.

As agreed in the meeting, a seven-member bench has not been constituted instead a six-member bench has been notified, he said.

“I am totally in the dark if any of the judges who are higher in the order of seniority had refrained from sitting on the bench,” Justice Ahsan wrote.

Likewise in his letter addressed to Justice Qazi Faez Isa, Justice Ahsen informed the CJP that he received a Court Roster for the next week commencing Monday, November 20, 2023 to Friday, November 24, 2023 at 6:00 pm on 16.11.2023.

The judge said that it was apparently been issued by committee order. Justice Ahsen said that during the meeting it was agreed that the benches finalised by the committee would continue till start of winter vacation i.e. 16.12.2023 but added that the constitution of benches appeared to have been changed.

It is pointed out that the committee never discussed or agreed upon the present court roster or the fixation of cases before the benches, Justice Ahsan wrote, adding that such large scale changes could not even otherwise have been undertaken by circulation specially when he was told that the Justice Sardar Tariq Masood was very unwell and could not attend the meeting.

“I was asked by your lordship on 15.11.2023 if I was available for a meeting of the committee on Thursday, 16 November 2023 at 4:00 pm and I had expressed my availability for the meeting,” Justice Ahsan wrote to the CJP.

“In the morning of 16.11.2023 again before court proceedings started your lordship reminded me that we had a meeting of the committee on November 16, 2023 at 4:00 pm and I stated that I will attend the meeting”, Justice Ahsan said, adding that at around 12:00 noon again Justice Isa office confirmed to his office that we had a meeting at 4:00 pm and this was duly acknowledged by his office.

“However, at around 3:00 pm my office received a phone call from your personal secretary that you had asked that since Justice Sardar Tariq Masood was unwell if I had any objection to the meeting of the committee being postponed till next week, I stated that I had no objection to the meeting being postponed till next week,” Justice Ahsan wrote.

The said that the court roster issued in the evening of 16.11.2023 has been issued without any meeting of the committee.

Justice Ahsan requested the CJP that the court roster may be recalled and the original roster as agreed by the committee may be continued.