Several people have stick. But what moral justification they have:
ISLAMABAD, June 26 : The 7-mmeber bench of Supreme Court (SC) hearing petitions against trial of civilians in military court once again stands dissolved due to objection raised by federal government against Justice Mansoor Ali Shah, member of bench.
The 7-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial took up the case for hearing Monday.
At the inception of hearing Attorney General (AG) on behalf of federal government requested Justice Mansoor Ali Shah to recuse himself from bench.
AG came on rostrum and informed about federal government directives regarding bench.
AG said one petitioner is relative of Justice Mansoor Ali Shah, therefore, his conduct can be affected.
The CJP remarked the benches can not be constituted on your desire or choice. You are raising objection on the learned judge of this court on what basis.
Justice Mansoor Ali Shah remarked” I had said from the very first day tell us if some one has any objection.
AG said I have no personal objection.
Justice Mansoor Ali Shah recused him from the bench.
Justice Mansoor Ali Shah remarked ” I never sat in such bench when there is doubt of partiality against me.
CJP while moving to AG remarked “you are raising objection on what basis. Are you raising objection on the basis of clash of interest or partiality. We have always exercised restraint. We did not award punishment to those who have not implemented court’s decisions. We think this time is for moving one step back. Government should not insult the judiciary.
He further remarked ” implementing court’s decisions is moral obligation.
“We have no stick for implementation of court’s orders. Several people have stick. But what moral justification they have. Justice (Retd) Jawad S Khawaja is a dervish. He has no relevance with the politics.
AG told the court he has no objection personally.
CJP while addressing AG remarked ” you are lawyer of good character and credibility. There is one full series wherein objection is being raised repeatedly. Earlier the debate remained this was decision of Punjab election of 4 judges or three judges. You are once again making bench controversial.
Hamid Khan requested the judges to hear the case.
Justice Mansoor Ali Shah remarked ” try to understand it. This is judges own decision. I can not hear this case.
