SC larger benches still prone to criticism

ZAB murder case likely to be telecast live

ISLAMABAD:

Despite the unanimous approval by a three senior-most judges’ committee, questions are still being raised on the composition of larger benches hearing a presidential reference regarding revisiting the Zulfiqar Ali Bhutto case judgement as well as a constitution petition against the removal of former Islamabad High Court judge Shaukat Aziz Siddiqui by the Supreme Judicial Council during the tenure of former chief justice Mian Saqib Nisar.

Since 2018, lawyers and media persons have been raising questions over the composition of larger/special benches hearing politically sensitive high-profile cases.

Before the working of the committee constituted under the Supreme Court (Practice and Procedure) Act 2023, there was strong criticism on every chief justice that he included like-minded judges in the benches hearing important cases.

In order to end the controversy, the PDM-led government had enacted the act which empowered three senior-most judges, including the chief justice, to form benches.
Presently, the committee is chaired by CJP Qazi Faez Isa and comprises other members -- Justice Sardar Tariq Masood and Justice Ijazul Ahsan.

Although the committee unanimously approved two larger benches hearing the ZAB murder case judgement and former IHC judge Shaukat Aziz Siddiqui's constitution petition next week, questions are being raised by one section of society, especially the pro-PTI lawyers/media person, as to why five judges who had declared the Supreme Court (Practice and Procedure) Act 2023 as unconstitutional are not included in both the benches.

Interestingly, these five judges were close to former CJP Bandial during his tenure.
It is also fact that the five judges were part of majority of larger/special benches during former CJP Bandial's period.

On the other hand, Justice Isa and Justice Sardar Tariq Masood were being ignored.
Supporters of CJP Isa are saying that the judges aligned with former CJP Bandial's camp have been voicing dissent with incumbent CJP Isa on significant matters since Sept 17.
They also reject the perception that important cases are being heard by particular judges.
The committee constituted a five-judge larger bench led by Justice Ahsan to hear petitions challenging trial of civilians in military courts.

Another constitution petition against mass deportation of Afghan citizens is being heard by a three-judge bench led by Justice Masood and comprising Justice Yahya Afridi and Justice Ayesha Malik.

The same bench is hearing Imran Khan's bail matter in the cypher case.

On the other hand, a four-judge bench led by CJP Isa is hearing petitions against the Lahore High Court judgement which declared the treason trial of Musharraf as unconstitutional.

The Bahria Town case is also being heard by the bench led by CJP Isa.
Former CJP Asif Saeed Khosa had suggested that senior-most judges should hear constitution petitions.

However, his precedent was not followed by his successors.
A lawyer believes that former IHC judge Siddiqui had levelled serious allegations against ex-CJP Nisar.

In order to ensure fairness, he added, it was appropriate that judges who had close association with him should not be part of the larger bench.

It is being expected that CJP Isa will correct the error of judicial history in the ZAB murder case.

Since 2012, no chief justice listed this matter.

Bilawal Bhutto Zardari has also moved an application for becoming party in this case.
It is learnt that the committee comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah has also given the suggestion of live coverage of court proceedings.

There are chances that Justice Minallah may himself opt to sit on both the benches due to certain reasons. It is likely that the ZAB murder case will be telecasted.

However, the committee has proposed that instead of live streaming, the recording of the court proceedings could be available on the SC website.

Further, it is also learnt that a bench will be constituted today (Friday), which will hear SC’s Justice Sayyed Mazahar Ali Akbar Naqvi’s petition challenging the SJC proceedings of misconduct against him. It will be interesting as who will be part of the bench hearing his case.