Former Chief Justice Jawad S. Khawaja has voiced objections in the Supreme Court over the participation of Justice Sardar Tariq Masood in the bench dealing with appeals against military trials related to Swellendam. Khawaja filed a request in the Supreme Court, asserting that Justice Tariq Masood had already expressed his opinion on matters concerning appeals to military courts. Therefore, he urged that Justice Tariq Masood should recuse himself from the bench.
The former Chief Justice has taken a stance through the application, stating that Justice Tariq Masood had given his views on requests related to military courts. Hence, Khawaja argued that Justice Tariq Masood should step aside from the bench due to his preconceived notions on these matters.
Khawaja has appealed for the formation of a new bench and the constitution of a committee of judges to review the appeals regarding declaring the military trials of Swellendam null and void. He emphasized that the Supreme Court had established a 9-member bench concerning military courts, from which Justice Faez Isa and Justice Sardar Tariq Masood excused themselves from hearing the case. Notably, Justice Tariq Masood expressed his opinion on June 26, deeming the appeals against military court decisions related to Swellendam as non-justiciable and suggesting that any challenge to the law should be made first in the High Court.
Khawaja maintains that Justice Tariq Masood’s participation in hearing appeals against military trials runs counter to the principles of justice. He contends that the head of the bench should prevent the bench from making decisions on inter-court appeals. The former Chief Justice highlights the need for an unbiased approach, free from any predisposed opinions, and calls for a committee to ensure a fair and impartial review of the appeals.
The objection raised by former Chief Justice Jawad S. Khawaja underscores concerns about the impartiality of Justice Sardar Tariq Masood in handling appeals related to military trials. The application seeks the establishment of a new bench and the formation of a committee to address the appeals objectively and adhere to the principles of justice.
