A nine-member bench of the apex court for hearing petitions about the trials of accused of May 9 riots and arson in military courts was dissolved on Thursday after Justice Qazi Faez Isa and Justice Sardar Tariq Masood recused from hearing the matter. As the hearing began, Justice Isa observed that he was astonished to see his name in the cause list which was issued last night at 8 p.m. He said the Supreme Court Practice and Procedure Bill was in the preparation phase when the nine-member bench issued a stay order against it on April 13 and adjourned its hearing till July.
The Constitution authorized the SC to hear cases and a judge took decisions about them as per his oath. He said the Supreme Court Practice and Procedure Bill was a law and he was not part of the bench hearing the case about it. In his opinion, he said, a law could be suspended but it could not be terminated. Justice Isa said the petitions, which were filed in the last, had been fixed for hearing before others. He was not expressing excuse from hearing the instant case but he wanted to firstly conclude the case pertaining to the SC Practice and Procedure Bill, he added.
Justice Sardar Tariq Masood also recused from hearing the case, saying he endorsed the stance of Justice Qazi Faez Isa.
After this, the nine members of the bench left the courtroom and later on a seven-member bench was formed to resume the hearing of the case.
