JAWWAD S. KHAWAJA vs FEDERATION OF PAKISTAN Ss — 2023 SCMR 1732 SUPREME-COURT

Case information

Citation: 2023 SCMR 1732 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: JAWWAD S. KHAWAJA vs FEDERATION OF PAKISTAN Ss
Provisions referred to: S. 2; Pakistan Army Act (XXXIX of 1952); Pakistan Army Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAWWAD S. KHAWAJA VS FEDERATION OF PAKISTAN Ss. 2, 3 & 5---Constitution of Pakistan, Art. 184(3)---Pakistan Army Act (XXXIX of 1952), S. 2(1)(d)---Code of Conduct for Judges of the Supreme Court and High Courts (framed by the Supreme Judicial Council under Article 209(8) of the Constitution), Art. IV---Trials of civilians under the Pakistan Army Act, 1952---Constitutionality---Judicial impartiality, principle of---Formation of Bench to hear present petitions---Chief Justice of the Supreme Court not consulting two senior most Judges of the Supreme Court before forming the Bench---Delay in deciding the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023---Pattern in the Supreme Court of constituting Special Benches of some Judges (and not Full Court Bench) in cases of immense public importance---Recusal of a Judge from the Bench due to his relation with one of the petitioners---Observations, objections and notes recorded by certain Members of the Bench on different dates of hearing to the very constitution of the Bench hearing the present petitions provided.

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