Justice Ijaz ul Ahsan expressed reservations in formation of SC benches

Justice Ijaz ul Ahsan in a letter conveyed his reservations in formation of benches in Justice Mazahar Naqvi’s appeals and ‘ civilians trial in military court ‘ were not approved by the judges committee.

The Supreme Court judge penned a letter to the secretary of judges committee questioning the formation of becnches. Justice Ahsan stated that the committee had agreed to constitute a seven-member bench to hear the appeals against the military courts verdict a six member bench was set up instead.

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The apex court judge wrote to SC registrar : ” I had made numerous calls and waited two days but had not received the minutes of the meeting“. He added that the minutes were uploaded without showing them to him or obtaining his signature and do not accurately reflect what happened in the meeting.

Justice Ijaz asserted that he had the ‘greatest respect’ for all members of the court but the rule of seniority, which was made for transparency, was not followed in forming the benches.

He also wrote that he had proposed that all judges of the court be placed on the appellate bench in order of seniority. He also claimed that the chief justice had agreed to the suggestion but added that a judge would be replaced by the next senior one if they recused themselves.

The judge also quoted section 2 of the Practice and Procedure Act which says that each bench must be constituted by a committee comprising of the chief justice and next two senior most judges.

However, the next meeting of the committee will be held on 4th January, 2024.