A petition has been filed in the Supreme Court seeking the recusal of Justice Tariq Masood from the bench scheduled to hear multiple intra-court appeals against the apex court's decision against holding military trials of civilians.
The petition contends that Justice Masood had already expressed his views on the matter, stating that the petitions against civilians' military trials were "unusual" and not maintainable under Article 184(3) of the Constitution.
The petitioner, former Justice Jawwad S Khawaja, argues that this indicates a predisposition that compromises independent and unbiased adjudication, both substantively and in perception.
Justice Masood's note emphasized that each case must be considered on its facts, suggesting that the petitions were not maintainable. The petitioner asserts that this public and written finding creates an unfair situation for Justice Masood to hear the matter.
Khawaja's petition calls for Justice Masood to recuse himself from the case, allowing for a fair hearing and referring the matter back to the committee for the reconstitution of the bench.