The Supreme Court (SC) has been asked to initiate contempt proceedings against senior puisne Justice Qazi Faez Isa and second senior-most Justice Sardar Tariq Masood for allegedly "refusing" to hear pleas against the trial of civilians in military courts.
The contempt plea was filed by Advocate Shahid Rana, who practices in the high court.
Rana argued that Justices Isa and Masood had refused to hear the cases and, in doing so, had refused to abide by an order of the apex court, which suspended a law made by the parliament.
He contended that the alleged contemnors could not be "set at liberty to sabotage the peace of the country".
Justices Isa and Masood had recused themselves from the nine-member bench formed by Chief Justice Umar Ata Bandial to hear a case against the trial of civilians in military courts. The two jurists had cited that the parliament's law on forming benches was in the field as an order to suspend it came before it was signed into law. Hence, until that matter has been decided, the judges recused themselves.
It should be further noted that Justice Isa has not been attending hearings in benches ever since an eight-member bench of the Supreme Court "suspended" the Supreme Court Practice and Procedure Act 2023 and has maintained that the matter needs to be decided before they can become part of a bench.
The eight-member bench, however, has yet to issue its decision on the Practice and Procedure Act 2023 and resolve the matter one way or the other, leading to an impasse in the superior judiciary.
The contempt plea was filed by Advocate Shahid Rana, who practices in the high court.
Rana argued that Justices Isa and Masood had refused to hear the cases and, in doing so, had refused to abide by an order of the apex court, which suspended a law made by the parliament.
He contended that the alleged contemnors could not be "set at liberty to sabotage the peace of the country".
Justices Isa and Masood had recused themselves from the nine-member bench formed by Chief Justice Umar Ata Bandial to hear a case against the trial of civilians in military courts. The two jurists had cited that the parliament's law on forming benches was in the field as an order to suspend it came before it was signed into law. Hence, until that matter has been decided, the judges recused themselves.
It should be further noted that Justice Isa has not been attending hearings in benches ever since an eight-member bench of the Supreme Court "suspended" the Supreme Court Practice and Procedure Act 2023 and has maintained that the matter needs to be decided before they can become part of a bench.
The eight-member bench, however, has yet to issue its decision on the Practice and Procedure Act 2023 and resolve the matter one way or the other, leading to an impasse in the superior judiciary.