Former Chief Justice Challenges Judicial Participation in Military Court Appeals

Former Chief Justice Challenges Judicial Neutrality in Military Court Appeals

In a bold move, former Chief Justice Jawad S. Khawaja has filed a petition in the Supreme Court, challenging the involvement of Justice Tariq Masood in a bench responsible for hearing appeals against trials in military courts.

Khawaja, in his filed petition, expressed reservations about Justice Masood’s prior opinions on applications related to military courts. He has called for Justice Masood’s exclusion from the bench overseeing military court appeals and proposed the formation of a fresh bench by the judges’ committee for these proceedings.

The petition highlights that both Justice Faiz Isa and Justice Tariq Masood had previously recused themselves from a 9-member bench handling these cases. Justice Masood’s earlier opinion, signed on June 26, declared the petitions against military courts as inadmissible.

Khawaja contends that the relevant law should have been initially challenged in the High Court. He further argues that having Justice Masood preside over appeals linked to military courts goes against principles of justice. In a plea to maintain the integrity of the legal process, he urges to halt the bench, led by Justice Masood, from adjudicating on intra-court appeals.

This development adds a layer of complexity to the ongoing legal proceedings surrounding military court appeals, raising questions about the impartiality of the bench and the adherence to legal protocols. The Supreme Court is expected to address these concerns and make a determination regarding the composition of the bench overseeing these crucial appeals.

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