The Supreme Court of Pakistan has issued a written order for the hearing of the constitutional petition against the civilian’s court martial.
Justice Mansoor Ali Shah’s note is also included along with the order of the court and the reconstitution order of the bench.
In the note, Justice Mansoor Ali Shah said that in case of objection, the reputation of the institution is also a matter with the judge.
He said that the impartiality of justice delivery should be real and not artificial, apparent and real impartial justice is essential for public trust, rule of law.
Justice Mansoor Ali Shah further said that impartiality ensures transparent trial, rule of law, survival of democracy, impartiality in judicial system should not be moral but practical.
He said that true impartiality in the judicial system protects democratic traditions, true impartiality in the judicial system protects the fundamental rights of citizens.
Justice Mansoor Ali Shah said in the note that if there is a reasonable reason to object to a judge, he should leave the bench to maintain public trust, I admit that Jawad S. Khawaja is my dear.
He said that it is difficult for a common citizen to decide, whether the petitioner filed the petition in public interest or in personal interest, I am recusing myself from the bench preferring the objection.
Justice Mansoor Ali Shah said that in the light of the objections of the federal government, I separate myself from the bench. At the beginning of the hearing today, the Attorney General said that the federal government has objected that I should not sit on the bench.
He said that when an objection is raised against a judge, the same judge has to decide whether to sit in the bench or refuse, justice should not only be done but should also be seen to be done.
Justice Mansoor Ali Shah said that all the lawyers, including the Attorney General, did not raise any objection to my presence in the bench.
He said that the oath of the judges of the Supreme Court says that we should be above our personal interests, former Chief Justice Jawad S. Khawaja approached the Supreme Court in public interest.
The judge of the Supreme Court said in a written note that Jawad S. Khawaja was not affected in any way by the current case being heard, I myself did not withdraw from the bench hearing the case against the military courts.
He said that I have taken an oath to defend and protect the Constitution of Pakistan, in this case there is a question of transparent trial, fundamental human rights, respect for humanity and freedom.
Justice Mansoor Ali Shah said that a full court bench should have been formed to hear the case of public interest, a full court should have been formed consisting of all available judges in Pakistan.
A written order was issued regarding the government’s objection to Justice Mansoor Ali Shah, in which it was said that a Supreme Court judge had raised an objection of kinship with Justice Jawad S. Khawaja, after which he resigned from the bench. After which a 6-member bench comprising the remaining judges has been constituted.
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